Understanding Law, Government, and Democracy in Uruguay
Understanding Law, Government, and Democracy
To live in society, humans need to regulate their lives according to rules. These precepts of conduct provide sanctions for failure to comply. Among these rules are different kinds: legal, religious, moral, and social. Law is a rule that has the following characteristics: it is bilateral, implying obligations and rights; it is externally imposed; and it is heteronomous. Law is classified as public, private, effective, natural, and positive.
The Ends and Sources of Law
The ends of law are peace, harmony, justice, and the common good. Law is based on several sources: historical, actual, and formal. The sources are jurisprudence, law, custom, and doctrine.
The Legislative Process
Legislation is the process by which one or more organs of the state create legal rules called laws. The general steps are initiation, discussion, and enactment.
The Judiciary
The judiciary, headed by the Supreme Court, is responsible for judging the constitutionality of laws. The judicial branch consists of the Court of Appeal, magistrates, and justices.
Marriage and Divorce
Marriage is a legal act concluded between persons of different sexes. It has personal effects, and while some consider it a contract, it is a veritable social institution of a civil nature from which the family emerges. It is held before a Registrar-Recorder, upon registration, issuing edicts and the attendance of witnesses. A religious marriage cannot be conducted without a civil marriage. Couples need to help and respect each other mutually and are obligated to give their children a trade or profession according to their condition. This link can be dissolved only in exceptional cases.
Divorce is the dissolution of marriage and is pronounced by a court, following a procedure provided by law. In Uruguay, there are three procedures for divorce: at the sole discretion of the woman (after two years), by mutual consent, and for cause.
The State and Government
The term “government” means a set of government agencies engaged in state activity. It is a set of immediate organs of a state through which state power is expressed by the power of law. The government changes and transforms, while the state remains.
The state is a legal entity that requires the government to fulfill its primary functions and purposes. Primary functions cannot be delegated (e.g., drafting of laws), while secondary purposes can be delegated (e.g., safety, health, education).
The elements of the state are population, territory (if this is a nation), and state power.
Subjective Right
Subjective right is the set of powers and specific powers conferred on a holder, which they may engage. It is the power or ability to act under the rule and require others what is due to us. It consists of two elements: the ability to act and the claim or warranty.
Democracy
The modern concept of democracy has been called democracy throughout history, or claimed to be, the governments of all or the town. The individual is the essence of democracy, and its activity depends on the fate of the system. Types of democracy include:
- Representative (e.g., monarchy, tyranny)
- Direct (e.g., the people exercise power directly)
- Semi-representative (e.g., referendums, voting, as in Uruguay)
The Three Branches of Government
The powers of government are threefold:
- Executive: Consisting of the president and vice president, and the council of ministers. The president is the head of state and government (five-year term with no immediate reelection for an equal period).
- Legislative: Lies in the General Assembly, which consists of a Senate of 30 members and a House of Representatives of 99 members (five-year period).
- Judiciary: Headed by the Court of Justice, whose members are appointed by the General Assembly (lasting 10 years). It consists of the Court of Appeals, lawyer judges, and magistrates.