Notes, summaries, assignments, exams, and exercises for Law for Baccalaureate

Separation of Powers in the Brazilian Constitution (CF/88)

The Brazilian Constitution of 1988 (CF/88) consolidates the model of separation of powers established by philosophers like Montesquieu and John Locke in the seventeenth and eighteenth centuries. Consequently, the 1988 Charter sets out specific characteristics regarding the division of powers in the country, structured as follows:

Legislative Power

The Legislative Power, at the Federal level (Union/Brazil), is bicameral (two chambers) and exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate. This bicameral federal legislature is closely linked to the choice of the legislature and constitutes the federative form of the state.

The Legislative...

Rating

This document is a primary historiographical source intended for the Spanish people. It is a constitution prepared by the deputies of the Cortes of Cadiz. Despite the Supreme Central Junta having an absolutist majority, many were unable to attend due to the ongoing conflict in Spain. Consequently, this charter contains clear liberal features.

Analysis

The text consists of 384 articles summarized by the following characteristics:

• National Sovereignty: Sovereignty resides in the nation, not the monarch. This led to a census-based system that limited political participation to those with greater economic status.
• Division of Powers: Articles 15, 16, and 17 establish that legislative power lies with the Cortes and the King, executive power with

The 1931 Spanish Constitution: Adoption and Context

The Provisional Government of Spain faced the crucial tasks of proclaiming the Catalan Republic and establishing the constituent Cortes that would draft a Constitution for the Second Republic. Its first democratic republican elections were held in June 1931, resulting in a majority for Republicans and Socialists. This outcome also highlighted the failure of Niceto Alcalá-Zamora and Miguel Maura's Republican right to significantly influence the drafting of key constitutional matters.

The 1931 Constitution was drafted by a committee chaired by the Socialist Jiménez de Asúa, and its final text was approved on December 9, 1931.

Analysis of the 1931 Constitution

This was a comprehensive constitution,...