Understanding Argentina’s Constitution and Political Landscape
Article 36 – Defense of the Constitutional Order
This Constitution shall rule even when its observance is interrupted by acts of force against the constitutional order and democratic system. These acts shall be irreparably null.
Their authors will be subject to the penalty provided in Section 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences.
Those who assume the powers foreseen for the authorities of this Constitution or
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Elements of Administrative Records
Introduction
This document outlines the key elements of administrative records and acts, focusing on the limitations and requirements that govern administrative actions. These elements ensure that the Administration operates within legal boundaries and upholds the rights of citizens.
Subjective Element
The subjective element refers to the conditions that must be met by the acting subject, typically officials within the Administration, as outlined in Law 30/92. These
Read MoreSpanish Administrative Procedures: A Guide to Articles 35, 36, 45, & 59
ART REPORTING PRACTICES 59. 30/92
- Notifications will be practiced by any means that provide a record of receipt by the applicant or their representative, including the date, identity, and content of the notified document. The accreditation notification shall be recorded in the case file.
- In proceedings initiated at the applicant’s request, notification shall be executed at the place designated for this purpose in the application. When this is not possible, notification will be executed at any suitable
The Court as a Source of Law in the Spanish Legal System
Article 117.1 EC:
- “Justice emanates from the people and is administered on behalf of the King by judges and magistrates who are members of the judiciary, independent, immovable, liable and subject only to the rule of law”
Article 1.6 CC:
- “The case law supplemented with the doctrine, so repeatedly, set the Supreme Court in interpreting and applying the law, custom and general principles of law.”
The Models of Jurisprudence:
- Stare Decisis:
- The decisions of higher courts are binding on lower courts and their
Forms of State Territorial Organization and Decentralization
Forms of State: Territorial Sense
There are variations between sovereign power and its relation to territory. When discussing unspecified forms of state, we refer to the variations in state forms in the strict sense.
Absolute State
The concept of the absolute state, where all political power resides in a single institution (the crown), was once considered an inherent feature. This absolute state also resulted in absolute territorial control, with power centralized both territorially and institutionally,
Read MorePublic Administration in Chile: Principles and Regulations
Public Administration in Chile
Recruitment and Functions
Can Public Bodies Recruit for the Exercise of Their Functions?
Yes, the execution of functions within public bodies is carried out by individuals who provide the necessary workforce. These individuals receive remuneration for their services.
Importance of Article 38 of the Constitution
Article 38 is crucial as it provides for the regulation of the civil service legal reserve, establishing the foundational principles of public service within a constitutional
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