La interpretación jurisprudencial y doctrinal de la Ley de Reforma de los Fueros de Navarra de 16 de agosto de 1841

Abstract

The Kingdom of Navarre and its institutions disappeared with the first constitutionalism (1808-1814). After the Convention of Vergara, within the framework of the Constitution of 1837, Law of 25 October 1839 confirmed the «fueros» and their adaptation to the constitutional regime. The 1841 Law established the special regime of the provincial Council of Navarre with the recognition of administrative and economic self-government, different of «inside Government» of remaining provinces. Its nature has been discussed, whether it was or not agreed, if it is only legal or constitutional rule, if it is modifiable unilaterally or only through the agreement with the Government. This debate has fundamentally been doctrinal, and jurisprudence has made no contributions to this controversy; they just name it as «Agreed law of 1841».