Evolution of Citizenship and State: From Locke to Modern Democracies
1 U.S. Locke and the Dawn of Modern Citizenship
Locke’s ideas resonated in the drafting of the U.S. Constitution in 1789, despite the former colony revolting and the British losing their empire. This Constitution, along with the French Revolution, embraced the concept of citizenship. Key steps included the suppression of class privileges and the recognition of two fundamental rights:
- Political Rights: The citizen’s right to participate in community decisions.
- Civil Rights: The protections enjoyed by
Understanding Parliamentary Privileges and Legislative Procedures in Spain
Parliamentary Privileges
MPs and senators benefit from special privileges, meaning they cannot be tried by ordinary courts but by the Criminal Division of the Supreme Court. This ensures impartiality and prevents undue pressure.
Permanent Deputation
The Permanent Deputation is a body responsible for managing parliamentary affairs when the chambers are not in session, such as during vacation periods or dissolution.
- It consists of at least 21 members.
- Representation is proportional to the parliamentary
Understanding Legal Disability and Guardianship in Spain
Disability
There may be people who have altered physical capabilities or psychological state that cannot be controlled by themselves. In these cases, if there is a cause for disability (the person is not self-sufficient) and this condition is ongoing, a declaration of inability is urged for the person. Only a judge can declare a person disabled (Civil Code, Art. 199). Article 200 of the Civil Code states that causes of disability are persistent physical or psychological illnesses or deficiencies
Read MoreChilean Constitutional Reforms: 1833-1925
1. The First Reform of the 1833 Constitution
During the government of José Joaquín Pérez, the reform of August 8, 1871, prohibited the immediate re-election of the president, establishing a five-year term. This significantly constrained presidential power, limiting long-term plans and projects.
2. The Reform of October 24, 1874: State Council and Conservative Commission
The State Council’s structure was altered, shifting it from an advisory body to one with greater control over presidential authority.
Read MoreConstitutional Supremacy and Rights in Mexico
Constitutional Supremacy
Constitutional supremacy is a fundamental principle where policy is legally bound by the supreme authority of constitutional norms.
Rigidity of the Constitution
A rigid constitution, such as outlined in Article 132, has specific procedures for amendments, distinct from ordinary legislation.
Constitutional Gaps (Ferrajoli)
- Primary Gaps: Absence of a standard requiring specific behavior.
- Secondary Gaps: Lack of mechanisms to invalidate violations or impose sanctions.
Internal Security
Read MoreJudiciary and Public Prosecutor: An Overview
ITEM 29. THE JUDICIARY AND THE PUBLIC PROSECUTOR
I. The Constitutional Setting of the Judiciary
The constitutional state is based on the separation of powers, or more precisely, on the material division of functions and the formal separation of powers. This means that state activity is recognized in distinct functions—ordinary tasks of very different material nature that are traceable to three core functions: the function to pass laws (legislation), the function of executing the mandates of these
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