Understanding Constitutional Rights: Q&A on Key Legal Principles
Understanding Constitutional Rights: A Q&A
The Constitution and Education
Question: How does the constitution define education?
Answer: As a process to develop harmoniously all the faculties of human beings.
Secular Education
Question: What does it mean when the law mandates that education should be secular?
Answer: That it should not be connected to any religious doctrine.
The Cause of Right
Question: Why is it necessary to refer to release the cause of right?
Answer: In order to not become licentiousness.
State Education as a Warranty
Question: Why can the education provided by the State be considered as a warranty?
Answer: Because the education provided by the State shall be free.
Constitutional Reform in Education (1992)
Question: What constitutes the constitutional reform in education in January 1992?
Answer: It removed the prohibition on private schools dedicating themselves to education.
Limitations on Freedom of Expression
Question: What are the limitations prescribed by law for the enjoyment of freedom of expression?
Answer: It does not affect the rights of third parties, morals, or public peace.
Requirements for Petitioning Authorities
Question: What are the 3 requirements to be followed by law to petition the authorities?
Answer:
- It must be written.
- Respectfully presented.
- Peaceful in nature.
Authority’s Failure to Respond to a Petition
Question: What should happen if the authority does not reply to the Right to Petition?
Answer: Violation of this warranty by default. It is appropriate to resort to an injunction.
The Principle of Legality
Question: What is called the principle of legality?
Answer: The fact that all political, social, and governmental actions should be ordered by legal standards.
Retroactive Application of Law
Question: In which case is it possible to apply the old law retroactively?
Answer: Provided that it benefits those to whom the rule is intended.
Essential Formalities in Proceedings
Question: What are the essential formalities to be observed in all proceedings?
Answer: Basically, there are two: the right to defense and the presentation of evidence.
Criteria When No Applicable Law Exists
Question: What are the criteria adopted by the judge when there is no law applicable to the solution of a conflict?
Answer: They invoke or implement the general principles of law.
Motivation of an Act of Authority
Question: What does the motivation of an act of authority mean?
Answer: The need for matching the troublesome act carried out by the authority and the legal standard it is based on.
Action of the Courts
Question: Why is the action of the courts not based on their prudent decision alone?
Answer: Because procedural laws determine the time and manner in which to develop the various stages of a trial or process.
Requirements for a Valid Defendant’s Confession
Question: What requirements must the defendant’s confession observe to be valid?
Answer: You must surrender to the prosecutor and always in the presence of counsel.
Definition of a Crime Victim
Question: What is meant as a victim of crime?
Answer: A person possessing the legal right injured, who suffered the effects or damage directly.
Victim’s Contribution to the Public Ministry
Question: What does the victim and the victim contribute to the Public Ministry?
Answer: May through social representative can bring to the court data and evidence to make a more fair process.
Penalties in Administrative Arrangements
Question: What are the penalties applicable in the administrative arrangements?
Answer: The fine and arrest up to 36 hours.
Challenging Public Prosecutor Decisions
Question: Before that decision is challenged instance of the Public Prosecutor when the prosecution does not exercise its jurisdiction?
Answer: Before the court of administrative litigation.
Governing Principles for Police Conduct
Question: What are the main principles governing the conduct of the police institutions in the field of public safety?
Answer: Legality, efficiency, professionalism, and honesty.