Key Concepts in Labor and Constitutional Law
Constitutional Definition and Worker Rights
A constitution, or charter, is the fundamental law of a sovereign state, whether written or unwritten. It defines the powers and relationships between government branches and between the government and its citizens, establishing the framework for governance and institutional organization. Constitutions aim to guarantee fundamental rights and freedoms.
Two examples of constitutional worker rights include:
- The right to…
- The right to…
Requirements for International Treaty Integration
What are the requirements for an international treaty to be integrated into our legal system?
EU Directives vs. Regulations
A directive is a legal rule of EU law, binding upon member states to achieve specific results within a timeframe. However, it allows national authorities to choose the implementation methods. In contrast, a regulation is a directly applicable legal standard across all member states, enforceable by any authority or individual without requiring national transposition. It can be invoked for legal protection in national courts.
Community Law in Labor
European Community law, or EU law, governs the operations and powers of the European Union. It’s a distinct legal system, separate from the legal systems of member states, operating under its own set of principles and procedures.
Legal Definition
Law refers to a legal standard enacted by a legislature. It’s a principle established by a competent authority, commanding or prohibiting something in accordance with legal norms. Non-compliance results in penalties.
Organic Laws vs. Ordinary Laws
Organic laws address specific subjects and require an absolute majority (half plus one) for approval. Ordinary laws are standards agreed upon in parliament for matters not reserved for organic laws. They require a simple majority (half plus one of attendees) for approval.
Customary Rules vs. Norms
Customary rules are judicial rules arising from repeated events over time in a specific territory. They are binding and applied when no written law or legal rule exists for a given situation.
Examples of Norms
- Wearing a seatbelt while driving.
- Stopping at a red traffic light.
Jurisprudence Definition
Jurisprudence refers to the consistent interpretations of legal norms by courts in their decisions. It can be a source of law, depending on the country. It also represents the set of firm and uniform rulings issued by state courts.
Principles of Labor Law
Labor law is a branch of law designed to protect human labor, ensuring it is productive, free, and respects other fundamental rights.
More Favorable Standard vs. More Favorable Terms
A more favorable standard arises when multiple rules apply to a case, and the one most beneficial to the worker is applied. A more favorable term occurs when labor standards in a contract are superior to existing conditions, improving upon previously established terms.
Principle of Irrevocability of Rights
The principle of inalienability of rights, also known as the principle of irrevocability of rights, limits autonomy in specific cases involving individual employment contracts.
Definition and Qualification of Rights
Rights are normative and institutional orders of human behavior in society, inspired by principles of justice. They govern fundamental social relations, determining content and character. Rights are behaviors aimed at enforcing rules of social life and resolving interpersonal conflicts.
Labor Law Definition
Labor law is a branch of law designed to protect human labor, ensuring it is productive, free, and respects other fundamental rights.
Emancipation
In modern law, emancipation grants a minor most or all of the civil rights and powers usually associated with adulthood, often involving reaching the age of majority.
Spain’s Entry into the EU
Spain joined the European Economic Community (EEC), now the European Union (EU), on January 1, 1986. The EU currently consists of 27 member states.