Chilean Law: Enactment, Effects, and Interpretation
Bill in Joint Committees
Joint commissions are created by agreement between the chambers. When there is agreement, the project returns to both Houses for a vote, requiring a majority to pass. These committees arise when:
- A project is approved in the House of origin and rejected in the House of Review.
- An amended draft from the House of Review is rejected by the House of Origin.
Procedure: Project Approved, Then Rejected
If the Joint Commission agrees, the project is reconsidered by both Houses, requiring
Read MoreDecoding Employment Law: Contracts, Standards, and Principles
Sources of Labor Law
Several sources shape labor law, including EU regulations, national constitutions, ILO standards, international treaties, laws, regulations, collective agreements, employment contracts, local customs, and professional practices.
Principle of Primacy
This principle dictates that higher-ranking rules prevail over lower-ranking ones. Lower-level rules cannot contradict superior rules.
Internal Sources
The Constitution
The Constitution holds the highest position in the legal system, prevailing
Read MoreLegal Normativism and Linguistic Analysis: Kelsen vs. Hart
Normativism and Kelsen’s Pure Theory of Law
Normativism posits that law is a normative system. Hans Kelsen’s Pure Theory of Law exemplifies this approach. Kelsen sought to define law scientifically, as an objective reality, independent of sociological and axiological considerations. He believed morality was subjective, and the study of law should be descriptive, not evaluative.
Kelsen’s theory highlights the following:
- Descriptive statements
- Independence from moral and sociological elements
- Law as distinct
Protection of Religious Freedom: Legal and Constitutional Framework
Care of Fundamental Rights of Religious Freedom
1. Constitutional Guarantee
Article 16 of the Spanish Constitution (EC) guarantees the right to religious freedom, enjoying constitutional protection. Articles 53.1 and 53.2 EC establish preferential and summary legal proceedings for fundamental rights. Article 81 EC mandates regulation of religious matters by Organic Law (LO), respecting their essential content. Constitutional complaints and recourse to the Ombudsman (Art. 54 EC) are available.
Fundamental
Read MoreWrongful Death and Damages Claim: Silva vs. Bar Border Transport Ltd.
Wrongful Death and Damages Claim
Maria da Silva and John Jr. da Silva vs. Bar Border Transport Ltd. and Peter Put Breton
Case Filed: April 4, 2011
Court: County of Single Stick, Garopaba, Santa Catarina
Plaintiffs:
- Maria da Silva (widow of John Smith)
- John Jr. da Silva (minor son of John Smith, represented by his mother)
Defendants:
- Bar Border Transport Ltd.
- Peter Put Breton (driver)
Facts
On January 20, 2011, a fatal car accident occurred on BR 101 highway, near Clover, Garopaba, Santa Catarina. John Smith,
Read MoreIslamic Marriage: Characteristics and Legal Aspects
Muslim Law as a Prerequisite
This system has few similarities to the mainland. For this analysis, several issues arose:
- For Muslims, there is no separation between state and religion. Its existence is embedded in cultural monism, affecting the development of rules. Religious constraints, i.e., the rights and duties of classical Islamic law, permeate being Muslim, making a dualistic field difficult.
- Muslim countries follow an Islamic theocracy structure, governed by sacred law, significant in marriage