Essential Branches of Law: Definitions and Application

Fundamental Branches of Legal Systems

The legal system is composed of various specialized branches, each regulating specific aspects of community life and governance.

Branches of Law Defined

Positive Law

Positive Law is the set of legal rules binding on the members of a community.

Constitutional Law

This branch deals with the rules of state organization, the creation of powers, and the relationship between the state and individuals. It establishes their rights and guarantees through the interpretation of principles and statements contained in the National Constitution (NC).

Administrative Law

Administrative Law relates to the regulation of state government, defining the relations between public power and different administrative bodies or individuals. It sets purposes whose compliance allows the state to fulfill its duties as such.

Criminal Law

Criminal Law aims to establish preventive measures to ensure social order. It is applied against any individual who commits a crime, setting penalties for those who violate those standards.

Public International Law

Used to regulate relations between states, as part of the community of nations. Manifestations of these legal rules include the organization and functioning of the diplomatic service and the holding of treaties between nations.

Civil Law

Civil Law is one of the major branches of private law. It governs relations between individuals (and their relations with the state) and contains rules relating to individuals, families, and property, among others.

Commercial Law

Commercial Law contains specific rules relating to legal relations arising from commercial activities. These rules are applied to trade, traders, and commercial acts.

Procedural Law

The primary purpose of Procedural Law is the administration of justice and the organization of how the judicial process is managed.

Labor Law (Employment Law)

This branch contains provisions aimed at protecting workers, setting clear rights and obligations for workers and their employers.

Private International Law

This branch of law deals with legal relations that originate or operate in jurisdictions of different states and therefore cannot be resolved solely by the laws of one country.

Mining Law

Mining Law controls the holdings and exploitation of mines.

Environmental Law

Environmental Law regulates relations between humanity and the environment.

Hierarchy and Application of Legal Norms

Treaties

Treaties are agreements between nations, categorized by their subject matter and approval process:

• Human Rights (HR) Treaties: Take effect upon notification by the Executive branch to the nation.
• Other Treaties: Mostly require the approval of two-thirds (2/3) of the members of each legislative chamber (this requirement does not apply to HR treaties).

Laws

Laws are categorized based on their scope and hierarchy:

• National Laws: Must be honored throughout the country.
• Provincial Laws: Apply within the province. They cannot be opposed to national law.

Application of Laws

Laws generally apply to the future (prospectively). They do not retroactively apply to situations arranged under a previous law, except when explicitly determined by the new law, provided it does not affect acquired rights.

For society to be aware, laws (such as those establishing a civil code) are not binding until their publication. This process involves the participation of the national or provincial legislature (Chamber of Deputies and Senators).