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

Condemnation of Terrorism: Article 9 of the 1980 Chilean Constitution

Law No. 18,314, enacted on May 17, 1984, defines terrorist acts and establishes corresponding penalties. This legislation underscores Chile's commitment to combating terrorism and upholding human rights.

Why Does Chile Condemn Terrorism?

Terrorism is fundamentally contrary to human rights. It seeks to instill fear in the population or a segment thereof and coerce authorities into making decisions or meeting demands.

Penalties for Terrorist Acts

When a crime exhibits the characteristics outlined in Article 1 of Law 18,314, it is subject to specific penalties. These characteristics include:

• The crime is committed with the intent to produce fear in the population or a part of it.
• The

Article 60: Cessation of Office for Deputies and Senators

Incompatibility with Representation and Influence

Inc. 4: Representation of Employers or Workers

Deputies and senators shall cease to hold office if they exercise influence with administrative or judicial authorities in favor of or representing employers or workers in negotiations or disputes, whether in the public or private sector, or if they are involved with any party in such matters. This also applies to parliamentary acts or interventions in student activities of any educational level that aim to undermine their normal development.

Inc. 5: Incitement to Public Disorder

Without prejudice to Article 15, No. 19, paragraph seven, deputies and senators shall also cease to hold office if... Continue reading "Causes of Cessation of Office for Deputies and Senators" »

Suspension of Rights: Article 55 CE

Article 55 CE outlines two types of rights suspension:

• Collective: Linked to exceptional states (Article 55.1 CE and 116 CE).
• Individual: Linked to the prosecution of terrorism.

The suspension is not automatic; the declaration act must specify which rights are suspended. This allows for modulation of the suspension's extent. All rights to personal freedom can be suspended, although the rights to be informed of the reason for detention, not to testify, and assistance can only be suspended in a state of siege. Many rights have not been suspended to date.

Individual suspension (Article 55.2) differs from collective suspension as it affects only those in specific circumstances, primarily to facilitate terrorism investigations.... Continue reading "Understanding Suspension of Rights & Economic Policy in Spain" »

Argentina's Government Structure

Argentina's government is defined as representative, republican, and federal.

Representative Government

The village representatives are exclusively divided.

Republican Government

The republican system of government is founded on the principles of popular sovereignty, division of power, frequency of government, and public accountability of government actions.

Federal Government

As stated in Section 5, each province shall enact its own constitution under the representative, republican system, according to the national constitution. This ensures their administration of justice, municipal regime, and primary education.

Eligibility for Election

To be elected, individuals must be Argentine citizens or children of native citizens,... Continue reading "Argentina's Government: Representative, Republican, and Federal System" »

Conference from Berlin

This meeting agreed to represent standards between the European and African continents. I observed a clash of interests among them.

Bloody Sunday

This demonstration of members was addressed for help to lift improvements and was repressed with weapons.

The Tsar's Promise

The Tsar promised the assembly to believe the Duma representative and legislative body.

Triple Alliance

It was the name given to the coalition initially built by the German Empire and the Austro-Hungarian Empire, initiated by Otto von Bismarck. Italy later joined, and the Russian Empire was also invited to be part of it.

Constitution

The constitution is the fundamental rule, written or otherwise, of a sovereign state, established or accepted to govern it. The constitution... Continue reading "Key Historical Events and Concepts in European Politics" »

T-8 - Concept and Legal

Article 1.1 of the OLCC

"The TC, as the supreme interpreter of the EC, is independent of other constitutional bodies and subordinate only to the Constitution and this Charter. It can be conceptualized as the "highest court" in charge of the defense and interpretation of the Constitution.

Essential Notes

A) The Body as Supreme Court

The TC is the supreme court, in its role as institutional status with respect to the other branches of government. Considering its objective function, we emphasize that its mission is to defend and ensure the supremacy of the Constitution in our legal system. It is the first law that must be fulfilled by all subjects of law, as stated in Article CE 9.1: "The citizens and public authorities are... Continue reading "Understanding the Role of the Constitutional Court" »

Substantial Changes in Working Conditions

When justified by economic, technical, organizational, or production reasons, a company may modify working conditions such as daily hours, shift work, compensation, work systems, and performance features, provided the change exceeds functional mobility limits.

These changes must be communicated to the worker and their legal representatives at least one month in advance. If the worker disagrees, they may appeal to a labor court. Collective changes require a consultation period of at least 15 days with the workers' legal representatives before the company can notify the changes to the workers.

Suspension of Employment Contract

Concepts, Causes, and Effects

Suspension of the employment contract means a temporary... Continue reading "Changes and Suspension of Employment Contracts" »

Crime and Deviance

The Nature of Crime

Crime consists of two components: prohibition and violation. Crime would not exist if there were no prohibitions and nobody willing to violate them. Humans coexist with two opposing tendencies: an impulsive component and a normative component. This duality is not found in animals, as they possess inhibitory mechanisms, while humans rely on culture.

The concept of crime has varied across time and space. Its application can also change depending on the subject. For example, monarchs historically enjoyed special immunity. Factors such as age, sex, and the concept of legal age also vary. However, we can affirm that the qualification of a subject as "criminal" aligns increasingly with human development.

Defining

Source of Citizenship: A Common Definition

According to the definition of citizenship, citizenship seems to have these features:

• Members of a community that reside on a permanent basis in a territory.
• Enjoyment of rights that must be protected by the city or state, is the opportunity to participate in the work of the community's government policy directly or indirectly.

Citizenship in Greco-Roman Antiquity

In Roman law, the term civis was reserved for members of the community: men, not slaves, of age, born to Roman parents, etc. Women, slaves, foreigners, etc. were not considered citizens and had fewer rights. In Greece, the recognized political term used to refer to the citizen was a member of the political community that met the requirements.... Continue reading "Understanding Citizenship: From Ancient Greece to Rome" »

This document outlines key periods and legislative changes in 19th-century Spanish politics, beginning with the foundational work of the Cortes of Cadiz.

The Courts of Cadiz and the 1812 Constitution

Convened during a period of national crisis, the Cortes of Cadiz drafted a constitution that aimed to reform the old regime. Key aspects of the final text adopted in 1812 included:

• Sovereignty: Resides in the Nation.
• Division of Powers:
  • Legislative: Resides in the Cortes with the King, who can sanction and veto legislation. The Cortes are unicameral.
  • Executive: The King, assisted by secretaries who are accountable to the Cortes. The King has important limitations (orders must be validated by the signature of the Minister, cannot dissolve the Cortes,