Understanding the Rule of Law and its Principles

Posted on Feb 14, 2025 in Law

Rule of Law

It’s where the law applies to the rulers, the law governing the people.

1. Separation of Powers

Executive-Administrative (ADM): The administrative function of the Executive (E) is responsible to the President (PR).

  • Command: The head of faculty is entrusted with issuing administrative and executive orders to subordinates.
  • Executive: This function gives authority to the PR to implement predefined rules.
  • Discretionary: Functions of the PR and other administrative leaders to act within a more or less wide margin, but within the law.
  • Discipline: The allocation that the head of state and higher heads have to punish their subordinates through summary research and administrative inquiries.
  • Jurisdictional: This resolves conflicts between the E and individuals.
  • Regulatory: This feature through which powers are given to the head of E to impart general rules concerning the law.

2. The Principle of Legality

It is established in Articles 6 and 7 of the Constitution (CP). Article 6 states that bodies must submit their actions to the Constitution and the regulations issued pursuant to it. Article 7 states that bodies of the state act validly within their powers and in the manner prescribed by law. No person or group can be attributed, even under pretext or circumstance, any authority or rights other than those expressly granted under the Constitution or laws.

3. Protection of Fundamental Human Rights

The Executive must protect subjective public rights, i.e., the powers enjoyed by everyone that may be required of the E, such as: freedom, right to life, and freedom of movement.

4. Control

This element ensures the validity of the above.

  • Internal: It is carried out by its own internal administration services through its system of hierarchical organization.
  • External: This has been delivered by the polity to the Comptroller, who has been entrusted with the oversight function of the E.

Types of Administrative Control (C. ADM)

  • A priori: It is exercised before the administrative act is perfected, e.g., making a point.
  • A posteriori: Exercised after the use of the administrative act, e.g., review of exempted decisions.
  • Concurrent Control: The one that is exerted during the development of the administrative act, e.g., when an auction involves state property, the Comptroller must be present.

Types of Control

  • Financial Control: Emphasis is on the financial aspects. Example: checking if funds were spent according to the items of the budget law.
  • Jurisdictional Control: Monitoring compliance with legal standards.
  • Political Control: Refers to the control of Congress. This is reserved for the PR, congressmen, senators, ministers of state, commanders of the armed forces, and ministers of the courts of justice.

Comptroller General (Contralor General)

The Comptroller General is an independent constitutional authority responsible for oversight. It is governed by the polity. Its functions are:

  • Auditing: Proper income and investment of funds of the Treasury, municipalities, and other agencies.
  • Verification: The review and adjudication of accounts that should render individuals or institutions that are responsible for funds or property. It is rejected when a trial becomes an account.
  • Keeping Accounts: General accounts of the nation.
  • Ruling: On the constitutionality and legality of Supreme Decrees (DS) and resolutions of public service to be processed against the Comptroller.
  • Monitoring: Compliance with the provisions of state administration.
  • Other: Functions under the law.