Definition of Organic Law
Miscellanea / / July 04, 2021
By Florencia Ucha, on Jun. 2012
The Law Organic it is that law that is constitutionally necessary to regulate certain matters inherent to the life of the community in which they are sanctioned.
Complementary laws of the constitution that regulate fundamental rights and freedoms and require greater conditions to be sanctioned than an ordinary law
Normally they deal with fundamental issues such as freedoms and rights with the aim of guaranteeing their compliance above all else.
In other words, the organic law appears contained in the Constitution or Magna Carta of a nation; These are complementary laws to the national constitution.
It should be noted that the constitution is the supreme law that a state possesses.
A law, is a rule, a provision, normally determined by a legislative body or competent authority in this matter and which has the mission of regulate, enforce, or prohibit any matter or situation; Any law will imply mandatory compliance by all individuals living in the community in which the law is established, that is, its non-observance and non-compliance will be sanctioned according to what the current legal norm set.
As a consequence of the hierarchy that organic laws hold at the legal level, and by normally dealing with situations and issues of utmost importance for society, to enact a law of this type will be precise the meeting of certain extraordinary conditions such is the case of an absolute and qualified majority, that is, a majority that represents more than half of the votes of the members that make up the body in question.
Therefore, once it is accepted by the legislative majority, it will be very difficult to modify it or go back, due to the aforementioned issues and reasons.
Likewise, with regard to its compliance, there is greater rigor in the observation and its modification does not turn out to be as simple for a government as it is with the ordinary law.
It is normally the national constitution of the corresponding country that establishes the way in which organic laws should be legislated.
This establishes that the vote to obtain its sanction must have extraordinary considerations.
In contrast, ordinary laws do not need any type of requirement to be legislated, it is enough to achieve a majority in the parliamentary chambers, to then be elevated to consideration of executive power.
These organic laws are always linked to specific and very sensitive issues for the citizenship and by case is that they demand that special treatment that we talked about.
This very complex and special procedure is imposed in order to achieve the greatest possible consensus about them, that is, to set aside any differences that it can mediate between legislators from different parties and that the legal resolution of an issue that is very important for citizens and the country.
Differences with ordinary laws
The organic law is distinguished from the so-called ordinary laws especially because the latter represent a lower rank with respect to the Constitution and have a competence different from organic laws.
It is usually considered that organic laws have an intermediate importance in relation to the mother norm such as the national constitution, and below the mentioned ordinary laws.
This consideration is supported by the fact of the requirements that organic laws require for its sanction and promulgation.
The antecedent of this type of regulation is found in the Right French, more precisely in the French Constitution sanctioned in 1958, in which this intermediate level between organic law and ordinary laws was precisely indicated for the first time.
Although each nation has its particularities in this regard, generally, organic laws are found in between the constitution and ordinary law as we said.
Now, and beyond the hierarchical distinctions that we can make of the laws mentioned in this review, it is important to highlight that any law must be respected and complied with in a manner mandatory for all citizens and for all people who circulate through the territory in question, and if they do not do so, the same consequences will apply: an exemplary punishment for breaking the law.
Topics in Organic Law