Ibérica (Oct 2009)
Unravelling the language of the law in Spanish courts
Abstract
When deciding on a case, Spanish judges must construe relevant legislation with the help of a body of ambiguous and often mutually inconsistent rules. Apart from general principles (e.g. those collected in the Constitution), the most significant guideline available for interpreting statutes, subsection 3(1) of the Spanish Civil Code, stipulates that rules shall be interpreted according to “the proper meaning of words”. The vagueness of this provision, based on the idea that language conforms to reality in a univocal manner, goes hand in hand with the principle of judicial independence, under which Spanish judges are free to make any decisions they think suitable. This paper describes the principles of statutory interpretation in Spain and emphasizes how the application of these rules, together with the concept of judicial independence, sometimes makes statutory interpretation and court decisions a rather unpredictable process.
