The Right to Punish: Limits and Legality in Criminal Law
The Right to Punish (Ius Puniendi)
Historical Context
Historically, the State’s right to punish (ius puniendi) was often exercised with absolute power, leading to a lack of discretion and potential abuse. This traditional approach has evolved, raising questions about the nature of ius puniendi as a right or power, and the extent to which the State’s sovereignty allows for its exercise.
Two Manifestations of Ius Puniendi
The ius puniendi manifests in two ways: the ability to create laws and the ability
Read MoreMexican Constitution: Essential Guarantees and Rights
Guarantees
Equality
Every individual has the same status, rights, and obligations.
Freedom
An individual can do anything not legally prohibited.
Property
The right to use and dispose of an item.
Legal Rights
Essential rights to live in society, including rights and protection principles.
Social Guarantees
The state intervenes to mitigate, remedy, or compensate for disadvantages.
Constitutional Articles
Article 1: Equality and Non-Discrimination
Everyone will enjoy the guarantees granted by this Constitution.
Read MoreFundamentals of Tax Law: A Comprehensive Guide
Tax Law Fundamentals
Financial Activity and Tax Law
Financial activity is the branch of law dealing with the collection, administration, and distribution of financial resources for public entities. Financial law is the broader category, while tax law is a specific type within it.
Tax Law Definition and State Income Sources
Tax law studies the legal rules governing taxes, duties, powers, and prohibitions. Sources of state income include:
- Exploitation of state-owned assets
- Use of its legal personality
- Power
Administrative Appeals in Spanish Law: A Guide
Administrative Appeals in Spanish Law
Recurso de Alzada (Ordinary Appeal)
This appeal is filed against acts referred to in Article 107 of the LRJPAC (Law Regulating Administrative Jurisdiction and Common Administrative Procedure). Citizens have one month to file if the act was expressly notified or three months if it was implied, starting the day after the administrative silence takes effect.
If no action is taken within this period, the act becomes firm and unassailable, except for special action
Read MoreIntellectual Property Rights: Patents, Utility Models & Designs
Intellectual Property: Patents
What is a Patent?
A patent protects inventions with industrial applications. The Patents Act 11/1986 governs patents and utility models in Spain, safeguarding inventions as creations of the human mind that offer innovative solutions to technical problems.
Requirements for Patentability
To be patentable, an invention must meet these criteria:
- Novelty: The invention must be new and not part of the existing state of the art.
- Industrial Applicability: The invention must be capable
Family Law in Chile: Marriage, Divorce, and Annulment
Family Law Notes
Concept of Family
In legal terms, a family is a group of people related by marriage or a relationship recognized by law.
Lack of Legal Provisions
The family is the fundamental unit of society, according to Article 1, Section 2 of the Constitution and Article 1 of the Family Law.
Constitutional Definition of Family
As the core of society, the family is protected by the State, which safeguards national security and promotes family strengthening.
Family Law
Family law can be defined in two
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