‘Vetata interpretatio’ or the delicate balance between legislative power and judicial power

Abstract

A glaring demonstration of how time does not tarnish classical construction is this work by Professor Borrajo, a master admired for his rigor and diligence, as the Closing Lecture of one of the multiple National Congresses of the Spanish Association of Labor Law in which I participated as Manager, surrounded by a Board of Directors also formed by great masters, specifically the III Congress, held in Alicante in 1992.
The title “Normative Power and Judicial Power in the Elaboration of New Labor Law” [in Spanish Association of Labor Law and Social Security, III National Congress of Labor Law and Social Security, Valencia, Tirant lo Blanch, 1993] actually hides two reflections; the first, about the permanent tension between the legislator and the judge in legal construction and, the second, a reflection on the right to strike. This latter, possibly motivated because the Congress had to be postponed in its celebration precisely as a result of the strike call, will not be the one analyzed in these pages, focusing instead on that more general reflection on the law, its creation and evolution.