We explain what political law is, its relationship with other disciplines and why it is exclusive to Hispanic legal traditions.
What is political right?
The political right It is one of the branches of public law whose interests focus on the fundamental problems of the State, thus covering both the General Theory of the State and Constitutional Law. Among its objects of study are the concept of the State and its constituent elements sovereignty, functions, purposes and forms of the State, and the different forms of government.
This legal discipline studies the dynamic structure of the political organization and its relations with society and the different forms of political activity. This means that the discipline uses concepts from sociology and political science without abandoning its legal channel, in pursuit of the unification of a theory of society, one of the constitution, one of political organization and another of political acts themselves.
In simpler terms, political law legally studies politics, understood from a holistic, that is, global, point of view, in which the State and society have a place, without limiting the area of study to these only ones. instances. Seen this way, it is a legal discipline very close to Legal Sciences.
However, the expression “political law” lacks equivalents in non-Hispanic legal traditions, probably because Its legal tradition began in 19th century Spain and its name is due to a more or less free translation of the Staatsrecht (literally: “state law”) German.
One of the pioneers in this field of legal knowledge was Don Adolfo González Posada (1860-1944), author of treatises on the subject and in charge of teaching the first class on the subject in October 1883 at the University of Oviedo, in Spain.
Finally, the discipline of political law should not be confused with the political rights that citizens possess within the legal framework of a given State.
Continue with: Objective law
References
- “Political law” on Wikipedia.
- “Political law” in Legal Encyclopedia.
- “Political law. Brief introduction to his study” by Mario Justo López at the University of Buenos Aires (Argentina).
- “Political law and constitutional law” (video) at Open University for Adults (Dominican Republic).
