Principles of Constitutional Law and State Organization

Fundamentals of Constitutional Law

Constitutional Law: This is the branch of public law that regulates the internal organization of the state. It sets limits on the manner in which the country treats the individual.

The Federal Constitution and Its Classifications

Constitution (Federal): A set of written or customary rules governing the political situation of a country. The classifications of a constitution include:

• As to Form:
  • Written: Rules are united and merged into a single instrument called a constitution.
  • Customary: These are formed slowly according to social and political evolution.
• Consistency:
  • Rigid (Stiff): Requires a specific political process or new elections to change.
  • Flexible: Easily changed to adapt to rights.
• Source:
  • Promulgated: Created only by a constituent assembly.
  • Granted: Established without democracy, often ordered by an emperor or monarch.

The Concept and Elements of the State

The State: A legal entity formed by a society living in a given territory and subject to sovereign activity. The essential elements for its approval are People, Land, and Sovereignty (power and command over the territory).

State Purpose: To maintain sovereignty and defend the territory, maintain order, administer justice, and promote the public good (e.g., squares, streets, avenues, and the greater good of the citizen).

The Three Branches of Power

• Executive: Responsible for governing the people and managing public interests.
• Legislative: Tasked with the function of legislation, including the preparation, prosecution, or vetoing of bills.
• Judicial: Exercised by judges with the capacity to judge according to the rules and constitutional laws enacted by the legislature of a country.

Legal Framework: Law in Space and Time

Definition: Law consists of a general and mandatory rule of conduct, issued by an authority and backed by coercion.

The Legislative Process

• Constitutional Amendments: These are laws that partially modify the federal constitution.
• Complementary Laws: These complement the federal constitution and are approved only by an absolute majority of both houses.
• Ordinary Laws: Serve to regulate social behavior and policy.

Classification and Repeal of Laws

Laws are classified as Cogent or Devices and can be Federal, State, or Local. Regarding the repeal of laws:

• Express: This occurs when the law specifically stipulates the repeal.
• Tacit: This occurs when a new law is inconsistent with the former or fully regulates the matter previously treated.

Historical and Modern Forms of Government

Classical Classifications

• Legitimate: Monarchy (government of one), Aristocracy (government of a class), and Democracy (government of the people).
• Illegitimate: Tyranny (corruption of the monarchy), Oligarchy (corruption of the aristocracy), and Demagogy (corruption of democracy).

Modern Classifications

• Monarchy: Can be Absolute or Limited (subject to the power of the king).
• Republic:
  • Parliamentarism: Led by a Council of Ministers headed by a Prime Minister.
  • Presidentialism: Led by a President of the Republic aided by ministers.
  • Collegiate: Governed by a group of people.