Understanding Laws, Legal Systems, and Citizen Rights
Understanding Laws and the Legal System
What are Laws and Their Purpose?
Laws are rules that determine the rights and duties of all citizens. They specify correct and incorrect behavior and outline the penalties that can be applied to those who behave antisocially and do not respect others or common property. Laws adjust social life to criteria of justice or ethical guidelines and limit the power of institutions.
Different Types of Legal Rules
There are different types of legal rules:
- Regulations
- Ministerial orders
- Decrees
In general, any act that creates obligations and rights falls under this category. These rules implement the principle of the hierarchy of norms, which structures the legal system in a pyramid. At the apex of this pyramid is the Constitution, which must be respected by all other norms. If a law does not fit within the Constitution, it is declared unconstitutional and therefore null. The Constitutional Tribunal handles this issue.
Applying the Law: The Role of the Judiciary
The judicial power stems from the sovereignty of the state and is exercised by independent courts. Judges are subject to the rule of law, applying legal rules to resolve conflicts.
The principles that guide the Judiciary are:
- Principle of Fairness: Judges cannot decide on matters in which they have a personal or familial interest.
- Principle of Independence: The courts are independent of any external pressure.
- Principle of Tenure: Judges and magistrates cannot be removed from their positions without just cause.
- Principle of Accountability: Judges and magistrates are responsible for violations committed in the exercise of their functions.
- Rule of Law: Judges and magistrates are bound by the Constitution and other laws, like all citizens.
Child Law: Protecting Minors
The Law of the Minor deals with violent and criminal acts committed by juveniles under the age of 18 years. The law protects minors, but if a child is capable of acting as an adult, they must assume responsibility for their actions. The remedies imposed aim to reintegrate them into society and teach them to accept the consequences of their actions.
Penalties and Sanctions for Breaking the Law
People who break the law are punished by fines, confiscation, or deprivation of liberty. Sanctions have some implicit purposes:
- Deterrence: To prevent future crimes. The punishment is proportionate to the misconduct.
- Reparation: Sometimes, fines and compensation payments are used to repair the damage caused by minor offenses.
- Deprivation of Liberty: Imprisonment is used as a means of protecting the community and has a limited purpose.
Interacting with the Law: The Role of Lawyers
When citizens fail to reach an agreement among themselves or with the Administration, they will need to use the application of the law. We need some reasons to go to a person specializing in laws. Lawyers are involved in the process of administering justice by defending the interests of the parties in litigation. One of their core functions is providing a defense, trying to avoid lawsuits or legal proceedings through sound advice and drafting legal documents. Bar associations offer free legal services for citizens who lack the economic means to afford them.