Principles of Political Regimes and Rule of Law

Posted on Feb 12, 2025 in Law & Jurisprudence

Principles of Political Regimes

Principles:

  1. Popular sovereignty (Rousseau)
  2. National sovereignty
  3. Representative democracy
RepublicMonarchy
  1. Head of state is elected
  2. Head of state has a time limit
  3. Government has responsibility
  1. Hereditary chief
  2. Life status of the Head of state
  3. Head of state has no government responsibility

Democratic: when resting on the values of freedom, equality, and justice. + 8 + Technical principles of a certain public character: also the major policy decisions, recognition of an opposition.

Presidential RegimeParliamentary Regime
  1. There is a separation of powers, other than popular elections.
  1. No separation of powers, there is one popular election to elect the parliament; the parliamentary majority can form a government. If any party obtains an absolute majority, parties will have to collide to form the majority, and the Prime Minister is the agreement of the parties that form the majority.

Representative: the nation does not exercise direct power, but does so by means of another, like the people and authorities designating the Constitution (CPR).

Principles (continued):

  1. Segregation of duties (Montesquieu)
  2. Judicial review or legality:
    • a) Regular investiture: the authority that acts has been installed in office as mandated by the CPR and laws.
    • b) Competition: within the orbit of powers established by the CPR and laws. And also the decision of the authority must have a motivation, that is, a cause that entitles you to do so.
    • c) Means or process: any act of authority must follow procedures for preparation, which is in the CPR and laws. The procedure is important to secure the seriousness of the act and justice.

Here we find the principle of constitutional supremacy.

  1. Recognition of rights (individual rights and social rights)
  2. Responsibility of the government:
    • a) Civil action by the authority does not conform to law:
      1. Contractual
      2. Tort
    • b) Criminal responsibility
    • c) Administrative responsibility
    • d) Political responsibility: the loss of confidence than experience a person for a higher position than he owes his job, and becomes effective by resignation.
  3. Rule of law
Liberal Rule of LawSocial State of Law
  1. Different seasons
  2. It is based on a doctrine that exalts personal freedom, exalting state abstention, individual rights, the inviolability of property rights.
  1. Different seasons
  2. It is based on neoliberal doctrine, i.e., a more tempered liberalism
  3. Recognizes individual and social rights
  4. Accepts the limitation of private property rights
  5. Existence of a state favorable alternative (that acts to supplement, complement or correct the differences, shortcomings, and inefficiencies of private action).
  6. Interested in freedom but in harmony with the interest of society
  7. Allows the state to intervene in social economics

Eco-social Focus: Principle of national security, protective principle of the democratic system

Characteristics of Neoliberalism

  1. Autonomy of freedom
  2. Free market
  3. Free trade
  4. Principle of subsidiarity
  5. Exalts and protects the rights of economic content

Economic Public Policy

A set of principles and economic content standards that are contained in the CPR and that are developed in the subsidiary legislation on the basis of which the economic system is organized in the country.