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as it may allow some women to claim titles retroactively from brothers or uncles who currently hold them.

Isn't it a basic legal principle that you can't legislate retroactively?

Though indeed we broke just that principle when we reformed our constitution 35 years ago to make the oldest royal child the next in line, instead of the oldest male. That meant that the crown prince was turned into a prince and his big sister was made crown princess.

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Wed Jul 15th, 2009 at 07:40:44 AM EST
[ Parent ]
Spanish Constitution, Article 9,3
3. La Constitución garantiza el principio de legalidad, la jerarquía normativa, la publicidad de las normas, la irretroactividad de las disposiciones sancionadoras no favorables o restrictivas de derechos individuales, la seguridad jurídica, la responsabilidad y la interdicción de la arbitrariedad de los poderes públicos.
seems to ban some sort of retroactivity ("irretroactividad") but it seems to me to talk only about punishment ("sancionadoras"), not about civil law. Am I right? (Google translation is useless here...).
by gk (g k quattro due due sette "at" gmail.com) on Wed Jul 15th, 2009 at 07:49:00 AM EST
[ Parent ]
Yes, you're right.

But the Spanish legislators are wary of burdening the courts with the cases that would result from retroactive measures.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.

by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 09:17:06 AM EST
[ Parent ]
Migeru:
DISPOSICIÓN TRANSITORIA ÚNICA.Single transitional provision
En la aplicación de la presente Ley a los títulos nobiliarios concedidos antes de su vigencia se observarán las siguientes normas:In application of the current law to nobility titles awarded before this law came into force, the following norms shall be observed:
  1. Las transmisiones del título ya acaecidas no se reputarán inválidas por el hecho de haberse realizado al amparo de la legislación anterior.
  1. Transmissions which took place already will not be considered invalid because they were made under the previous law.

Not retroactive, then.

Starvid:
That meant that the crown prince was turned into a prince and his big sister was made crown princess.
Barbarians! It's a good thing you Swedes are too cold-blooded for this to lead to something like the  Carlist Wars
The Carlist Wars in Spain were the last major European civil wars in which pretenders fought to establish their claim to a throne. Several times during the period from 1833 to 1876 the Carlists -- followers of Infante Carlos (later Carlos V) and his descendants -- rallied to the cry of "God, Country, and King" and fought for the cause of Spanish tradition (Legitimism and Catholicism) against the liberalism, and later the republicanism, of the Spanish governments of the day.


The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Wed Jul 15th, 2009 at 09:09:05 AM EST
[ Parent ]
Or the Hundred Years' War...

Un roi sans divertissement est un homme plein de misères
by linca (antonin POINT lucas AROBASE gmail.com) on Wed Jul 15th, 2009 at 09:28:25 AM EST
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