Understanding Legal Principles and the Rule of Law
Science and Law: Definitions
Science: A set of systematized knowledge, a feasible method for tracking and understanding why things are, statements in the light of reason.
Law: Integrated science for one set of rules that are legally encaminadas to regulate the conduct of men in a society.
Key Legal Concepts
1. Defining Law
Law is a set of legal rules, bilateral, externally heteronomous, regulating the conduct of individuals in society.
2. What is a Standard?
It is a rule of conduct to follow.
3. Defining Different Kinds of Rules
- Moral: Depends on the formation of the individual, family education, and the group in which they operate.
- Religious: Freedom of belief; every individual is free to have any religious beliefs.
- Social: These are the rules of courtesy, and if not followed, the person may be isolated from society.
- Legal: Have punishment ordered by the state.
4. Defining Legal Standards: Technical Characteristics
- Bilateral: They have rights and obligations.
- Heteronomous: Subject to the will of another.
- Coercible: They are mandatory (impose force).
- External: They regulate the external behavior of the person.
5. What is Natural Law?
Scientific principles that set out uniform records of natural phenomena.
6. What is an Act of Regulation?
It establishes rules of conduct, ways of behaving.
7. What is the Objective of Law?
It is the body of rules permitting or prohibiting; it may designate a body of rules or an entire legal system.
8. What is Individual Right?
It is the set of legal powers that the individual has to take certain steps in meeting their own interests.
9. What is Natural Law?
It refers to human rights and rights that are of our nature, such as eating, sleeping, drinking, etc.
10. What is Positive Law?
It is the set of rules that are verily applied.
11. What is Current Law?
That which continues to be applied today.
Characteristics of Legal Standards
- Bilateral: Standard gives legal rights but also obligations at the same time.
- Coercible: Imposed by force.
- External Government: The government is concerned with what we do externally or express behaviors.
- Heteronomous: A person out of context or without my opinion makes the laws.
Management Policy and Legal Standards
Legal Overview
Moral | Law |
It is subjective as it relates to the subject itself, i.e., it regulates their conduct, paying attention to their own interest without the structure of the self-rule, including any other behavior of any subject. Unilateral because it is subject to the front. Forcing does not place any other person. The same is legitimized by moral norms to enforce that duty. Intentional, involves the subject. Regulates internal behaviors. Moral rules impose duties only. It is autonomous. Its mission is to attain the perfection of the individual’s life. | The goal is regulating conduct on the relationship of men or valuing that conduct in reference to social life. Regulates manifestations of all those living in the community that interface maintenance or breach of social coexistence. Regulates external behavior. It is bilateral, imposes duties, and confers rights. Implies the possibility of resorting to coercion to achieve compliance. |
Relationship Between Positive and Natural Law
- Positive laws are subject to natural law.
- Natural law includes food, death, growth, etc. Human rights.
- Force to apply now.
- Not all law is positive, and not all law is valid.
Sources of Law
Source: The origin of something, from which information emanates.
Source of Law: Where the law is born.
Rule of Law: Everything in a country must be done according to the rule of law.
Legislative Process (Article 71)
Legislative Process
- Presents the Measure: Certain organs of the state have the authority to propose a bill to Congress. This authority belongs only to the Congress of the Union.
- Discussion: Examining a project or initiative, arguing to decide through majority vote whether it should be approved or not. This is discussed in the chambers (Article 72).
- Endorsement: Giving the settlement or approval to the measure in the chambers. Adoption is when most members have given their vote of approval.
- Sanction: Through this act, the President of the Republic expresses compliance with a measure adopted by the chambers.
- Publication: Making the law known so that it must be met. For a law to be enforced, the text of that law must be accessible to the public. Laws are printed in the Official Gazette.
- Becomes Effective: When an act begins to be required by force since when it is enforced.
Types of Constitutions
There are different types of constitutions, formed according to the history of a country. We refer to the Constitution when we talk of Constitutional Law, which contains the form of being of Mexico, consisting of 136 articles divided into two parts: Dogmatic and Organic.
Legal Hierarchy
Federal Laws: Derived from the Constitution, many legislations and regulations specify the content of the Constitution.
Local Laws: Each state has its own Constitution, governing only in the state and cannot rule against the Constitution.
Municipal Laws: Laws governing only in the municipality.
State: A set of individuals settled in a territory previously established by the government and a set of laws for the development of the country.
Elements of the State: Land, population, government, and law.