Ordinary law
In the legal system of most countries there are different types of laws. The so-called ordinary law is one in which there are no special procedures for its approval.
Ordinary law is a legal rule that requires simple processing for its final enactment. Above the ordinary laws are the general laws, that is, the organic laws.
Characteristics of Ordinary law
The three main characteristics of this type of standard are:
(i) The Ordinary Law is study of social classes stands out. This topic involves many aspects and can be understood from different angles; therefore, it is the subject to the provisions of the Constitution and may be subject to control by the Constitutional Court.
(ii) The variety of matters that this type of law can cover is very broad and responds to the demands of political pluralism at any given time. That is to say, it will be the parliamentary majorities of each moment that decide and provide specific content to the laws.
(iii) Limitation of matters based on the existing distribution of powers between the Central State and the different autonomous communities.
Examples of ordinary law
Now we have to give examples of ordinary laws. It must be said that these laws are usually limited to Civil Law , Commercial Law and somewhat everyday aspects in the life of a nation. They are considered to have a lower category. Likewise, they are temporary and it is estimated that they may be modified over time.
- The laws that regulate the exercise of professions and guilds within a country.
- Civil Codes are quintessential examples of ordinary laws. It must be remembered that these codes change over time, and regulate matters related to Civil Law.
- Traffic Laws are focused on land transportation, but ordinary laws also cover aeronautics and other types of transportation.
- The laws that regulate commerce and that, therefore, form Commercial Law.
- Certain aspects involved in Criminal Law , such as penalties, monetary sanctions or legal procedures in case of committing crimes.
- Promotion laws in the military union.
The general procedure for drafting an ordinary law
The approval of this law has different phases: an initiative, a discussion, a penalty and, finally, a promulgation.
A proposal for an ordinary law usually starts in the chambers of the legislative power, that is, the group of representatives of the people. On the other hand, the president of a nation often has the power to propose this type of law. In some cases, the supreme courts or the popular initiative also have the opportunity to promote this type of legal norm.
Once processing begins, the ordinary bill must be debated article by article by the members of parliament of a nation through a specialized commission.
Once the content of the ordinary law is established, it must be sanctioned, that is, it must be approved by the representatives of popular sovereignty.
Finally, the ordinary law must be promulgated in the State Official Gazette for it to be enforced. This promulgation embodies the signature of the highest authority in a nation.
The differences between organic and ordinary laws
Laws are approved by national parliaments. Organic laws are those relating to fundamental rights and public liberties and are usually contained in a nation‘s constitution . To be passed, organic laws generally require an absolute majority of the chambers of representatives. On the other hand, ordinary laws are all those that can be passed by a simple majority, such as the budget law, tax laws and those related to civil procedure .
An ordinary law cannot modify the content of an organic law , since between them there is a principle of hierarchy . On the other hand, every ordinary law develops contents already established in an organic law.
In short, organic laws are structural in character within the legal framework and ordinary laws are addressed to meet specific situations that do not affect the bases of the state.
