Post by account_disabled on Mar 12, 2024 1:26:37 GMT -5
In short, it is of great importance to know in advance what the marital economic regime applies or will apply to the marriage, having special relevance in those marriages with an international element, in order to avoid surprises between the parties due to the confusion of legislation and competent bodies. .Reflections on the amnesty and constitutional principles in Spain
“The amnesty could be interpreted as a denial of justice”
introduction
Faced with a Government that seeks to amnesty a fugitive Email Data politician, the omission of amnesty in the Constitution becomes a point of fervent debate and highlights the tension between political pragmatism and constitutional principles.
In The Spirit of the Laws , Montesquieu develops his theory on the separation of powers, which has profoundly influenced the structure of modern democracies. Montesquieu argued that the separation of powers was essential to avoid the concentration of power in a single entity and therefore avoid tyranny . This implies that each of the powers (Executive, Legislative and Judicial) has clear functions and should not interfere with the powers of the others. Amnesty is a legislative measure that eliminates criminal liability for certain crimes or reduces the sentences imposed. It is used in political contexts, often after civil conflicts or periods of repression, to advance reconciliation and restoration of social peace. Unlike pardon, which is a particular grace granted to specific individuals, amnesty is general in nature and applies to communities or specific crimes.
II. Constitutional principles and values
Our legal system has a series of insurmountable limits , which are the superior values of the legal system (art.1.1 CE) and the constitutional principles (article 9.3 CE). Thus, a norm – in this case related to amnesty – contrary to freedom, justice, equality and political pluralism could not be approved. On the other hand, it could not be contrary to the principle of legality, legal certainty, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and interdiction. of the arbitrariness of public powers.
“The amnesty could be interpreted as a denial of justice”
introduction
Faced with a Government that seeks to amnesty a fugitive Email Data politician, the omission of amnesty in the Constitution becomes a point of fervent debate and highlights the tension between political pragmatism and constitutional principles.
In The Spirit of the Laws , Montesquieu develops his theory on the separation of powers, which has profoundly influenced the structure of modern democracies. Montesquieu argued that the separation of powers was essential to avoid the concentration of power in a single entity and therefore avoid tyranny . This implies that each of the powers (Executive, Legislative and Judicial) has clear functions and should not interfere with the powers of the others. Amnesty is a legislative measure that eliminates criminal liability for certain crimes or reduces the sentences imposed. It is used in political contexts, often after civil conflicts or periods of repression, to advance reconciliation and restoration of social peace. Unlike pardon, which is a particular grace granted to specific individuals, amnesty is general in nature and applies to communities or specific crimes.
II. Constitutional principles and values
Our legal system has a series of insurmountable limits , which are the superior values of the legal system (art.1.1 CE) and the constitutional principles (article 9.3 CE). Thus, a norm – in this case related to amnesty – contrary to freedom, justice, equality and political pluralism could not be approved. On the other hand, it could not be contrary to the principle of legality, legal certainty, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and interdiction. of the arbitrariness of public powers.