The Role and Structure of Legislatures
Role of Legislatures
Parliamentary vs. Presidential Systems
Parliamentary legislatures are more critical to forming the government than presidential legislatures.
Key Roles of Legislatures
- Representation
- Legislation
- Approving expenditures
- Forming government
- Deliberation
- Oversight
Representation
Types of Representation
- Formalistic: How representatives are elected, perform their office, and are held accountable.
- Descriptive: Resembling the constituents in terms of demographics and background.
- Symbolic: How representatives
Parental Authority: Rights, Duties, and Termination
Parental Authority
Parental authority is a protective institution for the benefit of children and is exercised by parents, encompassing both rights and obligations.
Characters of Parental Authority
Intransmissibility: Parental authority is non-transferable. While a parent can delegate specific rights, they cannot transfer the authority itself.
No Waiver: Parental authority cannot be waived, as it exists for the benefit of the child.
Imprescriptible: Lack of exercise may have consequences, but it does
Understanding Legal Principles: Prohibitions, Imperatives, and Permissions
Prohibition, Imperative, and Permissive Laws
Prohibition Laws
These laws prevent the execution of a fact or conclusion of an act under all circumstances. For example, Articles 402 and 1796 of the Civil Code (CC).
Penalty for Violation
- Fact: If a prohibited fact is in question, the law itself provides the penalty. If the law is silent, there is no penalty.
- Legal Acts: First, consult the law for the penalty. This should be complemented with Art. 10 CC: “Acts prohibited by law are void and of no value,
The Political Function of the Judiciary: A Critical Analysis
Unit 5: The Political Function of the Judiciary
Defining the Judiciary’s Political Role
Our goal is to define the political role of the judiciary, examining its institution, organization, and operation within the contexts of modernity, liberalism (18th century), the relationship between state and society, politics and economics, public and private sectors, ontological ruptures, dichotomies, ideology, the state’s monopoly on force, and judicial legitimacy. We will explore the judiciary as a body of
Read MoreTax Offenses & Penalties for Non-Compliance: A Guide
Tax Offenses and Penalties for Non-Compliance
Accounting Requirements
Taxpayers and businesses of all sizes must adhere to specific accounting requirements. The tax law establishes penalties for non-compliance, including fines and imprisonment, categorized as “Violations and Tax Crimes.” Examples of accounting-related offenses include:
- Malicious omission of purchased, sold, or exchanged goods in accounting records.
- Falsification of balances or inventories.
- Reuse of invoices, debit notes, or credit notes
Theory of Crime and Punishment
Theory of Crime
What distinguishes a criminal offense from a civil one?
- In civil law, the characteristic feature is the damage caused.
- In criminal law, the defining element is the typicality of the conduct. The conduct must be specifically described in law to constitute a criminal offense. Harm is not always required, as seen in offenses like drunk driving, which is considered dangerous regardless of whether it results in an accident.
Penalties in Criminal Law
The penalties in our criminal code are primarily
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