Preliminary note

Since the Spanish and English judicial systems are in many ways very different, it is not always easy to find exact equivalents in English for some Spanish legal terms. For example, juzgado, audiencia and tribunal may all be translated as ‘court’, and the only distinction between them seems to be the level at which they operate, the juzgados always being at the lower end of the hierarchy (see figure 14.p. 294). Likewise, both the words juez and magistrado may be translated as ‘judge’ – although the latter is always senior to the former. Certainly magistrado does not equate to an English magistrate with all the connotations which the latter has for the involvement of non-professionals in the judicial system (something very rare in Spain). Thus, although the term ‘magistrate’ will be used in the course of this chapter to translate magistrado, the difference in meaning must be understood.

It should also be noted that in general terms the Spanish system is one based on civil law as opposed to the UK and American system of ‘common law’. It is created by legislation and custom, applied by the judges rather than by jurisprudence – although with regard to the interpretation and application of the laws, the jurisprudence of the Supreme Court (14.5.1) is very significant.