Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

The Evolution of Constitutionalism: Foundations and Debates

The concept of a constitution as a fundamental norm raises a crucial question: can and should the validity of the State's rules be judged based on a foundational rule that precedes the very authority of the State? This perspective suggests that the State itself exists only as a result of a meeting of minds, an elected leadership that the government should pursue jointly.

Historical Phases of Modern Constitutionalism

For some scholars, the opening phase, marked by the constitutions of the post-World War II era, represents the second major phase in the history of modern constitutionalism – the history of rights and freedoms. This follows the first phase, characterized by revolutions.... Continue reading "Constitutionalism's Evolution: Rights, State Power, and the Bill of Rights" »

Key Declarations of Fundamental Rights (18th–20th Century)

This compilation lists significant declarations and conventions concerning fundamental rights:

1. The Bill of Rights of Virginia, 1776 (U.S. wedge)
2. The Act of Independence of the United States, 1776.
3. The Declaration on the Rights of Man and Citizen, 1776.
4. The American Declaration of the Rights and Duties of Man, 1948.
5. The Universal Declaration of Human Rights, 1498.
6. The European Convention for the Safeguarding of Human Rights and Fundamental Freedoms (Rome Convention), 1950.
7. The International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights, 1966.
8. The American Convention on Human Rights (Pact of San José de Costa Rica), 1969.
9. The Final Act of the Conference on

Canadian Criminal Justice and Policing Terminology

Foundational Legal Concepts

Criminal Code

Federal legislation that sets out criminal law procedures, rules for prosecuting federal offenses, and sentencing guidelines.

Canadian Charter of Rights and Freedoms (Charter)

A fundamental component of the Constitution Act that guarantees basic rights and freedoms to individuals in Canada.

Constitution Act, 1867

The constitutional authority defining the division of legislative responsibilities between the federal and provincial governments.

Rule of Law

The foundational principle of the Canadian Legal System, ensuring that all persons are subject to and accountable under the law.

Stare Decisis

The legal principle by which higher courts set binding precedents that... Continue reading "Key Concepts in Canadian Criminal Justice and Policing Terminology" »

Commentary on Article 6 of the Organic Law of the State (1967)

This document, a primary legal and political source, represents one of the fundamental laws of the Franco dictatorship in Spain. Authored by the Spanish government, it exemplifies the legal framework of the regime. The Franco regime, a conservative military dictatorship, ended with Franco's death. Despite its illiberal and undemocratic nature, the dictatorship aimed to establish a set of basic laws. These included the Labour Law (drafted during the Civil War), the National Development Law, and other legislation outlining Franco's principles. However, the legal apparatus remained incomplete, requiring court appearances to clarify legal interpretations.

Purpose and Context of the Organic

Working Hours and Labor Regulations

The legal maximum working week is 40 hours (annual total). Note that children under 18 years of age are prohibited from working overtime or performing night work.

Expansion or Reduction of Working Hours

• Extension: Can be achieved by agreement between the parties.
• Reduction: May occur due to force majeure, such as childcare needs, or other justified reasons.

Periods of Rest and Compensation

According to Articles 34 and 37 of the Workers' Statute (ET), every worker is entitled to rest periods. All these breaks, including monthly rest days, are compensated as part of the monthly salary.

Defining Working Hours

Working hours are defined as the time (daily, weekly, or yearly) that the worker must dedicate to fulfilling... Continue reading "Spanish Labor Law: Working Hours and Contracts Essentials" »

Starting a Business in Chile: A Step-by-Step Guide

1. Time to Set Up a Company in Chile

The process may take more than 6 months, approximately 130 days.

2. Costs Associated with Starting a Business

Costs vary depending on the type of company, with a fixed value of approximately $550. Examples:

• Industrial Company: $1,350
• Food Company: $1,270

3. Limited Liability Company Procedures

An individual limited liability company is a legal entity with limited liability. The owner's personal assets are only liable to the extent of their capital contribution. The company is liable with all its possessions.

A company is an association of individuals or legal entities engaged in commercial activity, pursuing a profit or gain shared among partners based on their contribution.... Continue reading "Starting a Business in Chile: Key Steps and Considerations" »

Concept and Nature of the Employment Contract

A contract is an agreement of wills between two or more parties that creates, modifies, or regulates obligations between them.

Autonomy of will allows parties in a contract to freely negotiate conditions.

A. The Concept of Employment Contract

An employment contract is an agreement of wills between a company and an employee. The employee undertakes to provide their services to the company in exchange for payment and acts under the company's direction. Any result obtained from the employee's activity belongs to the company.

B. Simulated Labor Contract Installation

C. Nature of Employment

Features:

• Consensual: The contract is perfected at the moment consent is given.
• Bilateral: Creates obligations for both

Non-Custodial Protective Measures in Criminal Law

These protective measures differ significantly from detention and probation. They are levied on legal interests that do not affect the freedom of movement, yet they are distinct from punitive measures, involving different legal goods and interests.

Temporary Deprivation of Driving License

Once the court has filed a complaint against an individual for acts committed in connection with the driving of motor vehicles, the judge may, at their discretion, order the provisional deprivation of the driving license for such vehicles, especially if the accused is on conditional release status.

This measure must be reported to the Department of Traffic, which issued the license, ensuring that no replacement... Continue reading "Legal Protective Measures and Securing Financial Liability in Criminal Cases" »

Key Employment Classifications

Character of Employment Relationships

In the context of employment, individuals can be classified as: staff, volunteers, or those in paid employment. Earnings and dependency are key factors in these classifications.

Applicable Legal Norms

• European Community (EC) Law
• Organic Laws (LO)
• Royal Legislative Decrees (RDLegis)
• Royal Decree-Laws (RDLaw)
• Royal Decrees (RD)
• Ministerial Orders (OM)

Employment Relationship Criteria

Certain criteria determine the inclusion or exclusion of specific work arrangements. For instance, whether private work is performed for the state dictates its classification.

• Special Character Relationships: Categories 'a' and 'c' often denote relationships with a special character.
• Excluding Relationships:

International Treaties and Constitutional Challenges

If there are any doubts about the constitutionality in the conduct of the treaty, give full consideration to the court.

• The timing is important; the time when the consultation occurs is crucial because it's the right time to address the court.

No, not initially.

No, not one final time.

The Constitutional Tribunal (TC) is advised to act once the text is set but still without consent. A final text, but not the last, because it is not ratified. The site is requested to attend legitimate constitutional bodies.

The court shall not sentence or issue a statement. Why no sentencing? Because this is not a legal rule, since the state still has not given consent. We have a project or text that has been set... Continue reading "International Treaties and Constitutional Challenges: A Legal Analysis" »