Constitutional Challenges and Laws

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Questions and Answers

Based on the notes, what is the primary function of the 'Tribunal Constitucional'?

  • To oversee the daily operations of public institutions.
  • To implement administrative acts.
  • To create norms with the rank of law.
  • To resolve conflicts 'contrario a la Constitución'. (correct)

According to the notes, how are 'Normas con Rango de Ley' best classified within the legal framework?

  • The initial stages of any legal act or procedure.
  • Regulations established by regional authorities only.
  • A specific type of rule with a defined legal hierarchy. (correct)
  • Administrative procedures initiated by public institutions.

What is the relationship, according to its diagram, between 'Laws/Rules', 'Authorities' and 'Public Institutions'?

  • Independent entities working without mutual influence.
  • A linear relationship where 'Laws/Rules' dictate 'Public Institutions' which in turn affect 'Authorities'.
  • A hierarchical structure where 'Authorities' control all the other entities.
  • A triangular system with mutual control and influence between them. (correct)

Based on the notes on compliance and non-compliance, what is the likely focus of control in this legal context?

<p>To monitor the adherence to legal rules and procedures. (B)</p> Signup and view all the answers

What does the term 'Acto Administrativo' most likely refer to, based on the context of the notes?

<p>The final outcome of a formal legal procedure or decision made by an administration. (C)</p> Signup and view all the answers

In the notes, the concept of 'competing functions/powers' most clearly refers to?

<p>The potential conflicts of authority between various branches or organizations. (B)</p> Signup and view all the answers

According to the notes, what could be the implications of the legal procedure for non-compliance?

<p>The initiation of legal procedures by administrative institutions according to a defined path. (C)</p> Signup and view all the answers

What role do the notes suggest is played by ‘public institutions’ in relation to legal compliance?

<p>They enact administrative procedures and might possess control functions relating to compliance. (C)</p> Signup and view all the answers

Flashcards

Constitution

The fundamental legal document outlining the structure, powers, and limits of government.

Constitutional Law

The branch of law dealing with the interpretation and application of the constitution.

Normas con Rango de Ley

A specific type of rule or law with legal force, often referring to a law created by a legislative body.

Constitutional Court

A court responsible for interpreting the constitution and ensuring its implementation.

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Procedimientos

The legal procedures used to implement and enforce legal rules, often involving formal steps and processes.

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Acto Administrativo

A document or action issued by an authority with legal consequences, such as granting permission or imposing obligations.

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Authorities

Individuals or groups with legal authority to enforce laws and regulations.

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Public Institutions

Organizations that perform specific public functions, such as providing services or regulating activities.

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Study Notes

Constitutional Challenges

  • Violation of Constitution: Actions contrary to the constitution are subjects of review.
  • Competent Body: The judicial council (TS) is responsible for reviewing constitutional issues.
  • Processes: Processes for reviewing constitutional issues are outlined.
  • Control mechanisms: Checks and balances in place to ensure adherence to the constitution.

Laws and Regulations

  • Laws with the force of law: Laws that have the same legal weight as the constitution.
  • Hierarchy of Laws: Superior and inferior laws are detailed in terms of authority.
  • International Norms vs. National Laws: A comparison between norms from both sources is noted.
  • Judicial review: The process of courts reviewing laws for constitutionality.
  • Administrative actions: Review and implications for administrative actions.

Types of Actions

  • Action to enforce constitutional provisions: Procedures for ensuring compliance with constitutional law.
  • Challenging actions: Process for challenging decisions deemed unconstitutional.
  • Conflicts between branches of power: Framework to evaluate disputes between different branches of government.
  • Constitutional vs. Other Functions: A comparison of constitutional authority to other functions within the organization.

Institutional Relations

  • Interaction with Public Institutions: Details the functioning and responsibility of public institutions.
  • Review of Public Actions: Process of reviewing actions taken by public bodies.
  • Responsibility of Bodies: The responsibility of each body in carrying out review functions.

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