Del espíritu de la ley a la materia del decreto (filosofía psicopedagógica de mínimos)

Abstract

The laws of education are the first laws we receive, said Montesquieu. And they are the ones that prepare us to be citizens. However, according to Romanones, the legal regulation makes it possible for the law o work or remain a mere declaration of intentions. In Spain, the vehicle for regulations is the royal decree. These are basic regulations which, however, are not hierarchically placed above the regulations of the same rank issued by the parliaments of the autonomous communities. From the point of view of curricular specification, this is the level situated halfway between the general and the didactic practice in the classroom, where the fundamental concept is that of competence. However, the concept of competence is, like so many others, a disputed and debatable concept on the theoretical, genealogical and practical levels. Once the terms of the discussion about this concept have been set out, it is worth approaching the notion of the operational competence descriptor, which replaces the learning standard in the new Spanish educational legislation