The Chilean President: Powers and Functions
The President’s Role in International Relations
The President appoints and removes certain officials to cooperate with international relations:
- Minister of Foreign Affairs
- Undersecretary of Foreign Affairs
- Ambassadors
- Ministers Plenipotentiary or diplomats
- Representatives to International Organizations
These are trusted members of the President’s exclusive circle, meaning that:
- They are appointed without a public call for applications.
- They remain in office as long as they have the President’s confidence.
Understanding Employment Contracts: Key Features and Types
Track 1 – The Contract of Employment.
Article 1.1 of the Workers’ Statute: A contract exists when a person voluntarily provides services within the scope of another person (employer) in exchange for payment.
1. Provision of Services.
The provision of services includes both manual and intellectual work and is based on effort, not results. That is, the worker must meet their hours, not produce a specific outcome. The service is voluntary; if the employee’s consent is vitiated, the contract is null. The
Read MoreChilean 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
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