Kates Play Ground Free

Secret Societies (V): De jure vs. de facto

Hello!

How are we? For here all goes well, after a very successful whirlwind visit to the capital in which I could do a little more to the idea of \u200b\u200bdorm where I live, if all goes well, until they pass the exams within three (fingers crossed) years. I think the issue of Caesar Carlos deserves an exclusive post will come later, when I have incorporated permanently. Also this time, not like before the end of August, I've been very good company, which is always appreciated.

Well, we enter today, with the help of the Latin expression "de facto" and "de jure" in the fascinating world of the relationship between substance and form, one of the topics that interest me most of my law. This is something that is not studied as such in any subject, although it is viewed from different areas of law. Thus, we see what happens if a building permit is in correct form (in administration), what happens if the marriage is concluded without the proper way (civil or church), or what happens if a bill of exchange does not meet the formal requirements (in business). I am going to focus on how specific defects and that would never end, but I will make a couple of rather abstract reflections on the subject. We

step. When we say someone or something what is "de jure" means you have this or that account because it has followed a few steps and formalities laid down in laws . That is, Rodríguez Zapatero is prime minister "in law" because he has been elected in accordance with the procedure set by the Constitution to determine who governs.

By contrast, when we say that something or someone is "de facto", we are referring to a condition on the sidelines of the right channels (another mythical expression of the race.) Not if you follow everything that is happening in Honduras, but it is a case in which the president "de jure" was expelled from the government and the country, from the general Micheletti be president "de facto" post-coup status. The Honduran constitution provides for I imagine that the coup as a legitimate way to become President, so President Micheletti is not legitimate or "de jure".

"And what do I care?, You might be wondering. For I will give more or less depending on what you are interested in politics. The law is essentially a formal limit to power, a way to control what is done through how to do . So, if you put someone in jail must follow the requirements of the law (due process, that constitutes a criminal offense, etc, etc ...), and they do not do not be a valid imprisonment. If someone wants to preside over a country must get a majority, enabling it to have a majority in Congress that would allow him to be elected president. Otherwise, we will have a clearly unconstitutional president, said the hold on what for because we've been and it is not all fun.

On the other hand, the obligation to follow the rules makes no sense if the standards meet the criteria, say, "absolutist" ( for the Lack of a Better Word , as the English say). Let me explain. In North Korea they have laws and constitution and formal controls and judges and all you want. What actually happens? That the boss is the beloved leader Kim Jong Il and that what he says goes to church. It is a clear example in which politics (power) law is served rather than the right control of power.

has left me a rather chaotic post ... Yet, do you explain?

If you liked you not lose the post of my adventures and misadventures with the Catalan police.

Soon more!

Histogram Advantages Disadvantages

The Time of Instruction or Process Object

I tell you, that avatar of defense, had to travel to Union City. The issue is on an expedited process for the crime against property, aggravated usurpation. In this regard we know that art. third of Legislative Decree No. 124, notes that the period of instruction is usually within 60 days and extendable once for 30 days. We agree?

Good. That is clear. So says the standard. But I ask, if within that period, there have been no out all measures aimed to clarify the facts? And if these have not been the subject causes atrubuibles trial. In this case the victim. The victim. For example there has been no diligence inspection. So called in the Code of Criminal Procedure Article 130. However, in this town inspcción Judge calls it justice.

This diligence sui generis. Important not done, through no fault of the parties to the proceedings. Negligence but the judge. It also has not been completed the survey the damage, also not for reasons attributable to litigants, but read well by the negligence of the judge, who apparently looks more like an assistant Secretary, because this is who heads the process.

not received the caution statement of the victim, even though it has requested more than three times by two actions. No testimony has been received. And the judge said Mr "YA CAN NOT MAKE SUCH SUIT, BECAUSE THE TERM OF THE INSTRUCTION ALREADY HAS EXPIRED. MY TOP PREVENT EXPANDING WITHIN ME UNIQUE. This Judge is a good judge? This is the kind of Judges the country needs? This is the form and manner of effective judicial protection,? Who will save us from abuses and violations of these timid judges? This will give legal certainty to society?

For our modest concept is not. Because judges of this profile and on the pretext of the term,

leaves hanging from the edge of the abyss who goes to court to seek justice. Lords rather than the rule that says the end of the period. But the judge in question to forget Article 72 of the Code of Criminal Procedure, which states that the judge with the power under paragraph 49 of the same body of laws, must by all means reach for the process. Or not? More seriously, it has not agreed to anything of the constitutional guarantee of due process contained in the inc. 3 of Article 139 of the Constitution State. With omissions, and irregularidaes noted previously been respected due process?. also has not violated the guarantee of the right to defense? This is the way to administer justice within the country?

Our view is that this man Mgistrado should extend the period of research on an exceptional basis for 20 days more, and carry out the steps punctuated, and especially the inspection eye and expertise to determine damages. Anyway there are some judges,

their shyness, and muscle-flexing poses, instead of rescuing and re-evaluate this Power, merely increasing the people's censure.

Example Of Sales Of Share Agreement

A tale of tax reform

Hello!

Today I'll make a brief comment on that area of \u200b\u200bknowledge that meet the law, politics and economy and that we love to everyone: taxes! I've never been a fan of financial and tax law, but want something that you have left after 3 months on the subject matter. And this whole tax issue is highly topical, as it was presented today in Parliament the draft State Budget for 2010 which includes, among other measures a rise of value added tax (VAT) from 16 to 18%. I focus on this specific point and why I think is wrong as a strategy to overcome the crisis.

There are basically two guiding principles of taxation: equity and progressivity (31.1 EC). These two principles are somewhat contradictory, since it implies that escalation has the most pay more, and equality implies that we all pay the same . The ultimate progressive tax is the income tax (PIT): if you earn 17,000 euros, the rate is 15%, whereas if you earn 50,000 euros, the rate is 24% (simplifying a lot and all the nuances of world that can found in the tax law). I said, the more you have, the more you pay. VAT, for its part, is a great example of the principle of equality, because no matter how you win, everybody pays 16%. So far so good, I hope.

Well, now let's see the current situation and the effects of a VAT hike, albeit with the rigor of a person without notions of economics. The question is: Who most noticeable increase in VAT, a person earning € 6,000 a month or a person who is unemployed living at 800 € a month? For the person who is unemployed, of course. Thus we see how the VAT is in fact a regressive tax with effect or in other words, especially affects the poor people. Hence

cost me see a consistency between what the prime minister says and what it does. If you want to increase revenue in order to provide more social services (say re-education courses, say pay off) is better to raise taxes on high earners and go for investment companies that do not really know what they are but it has something to do with where the pasta hide the great fortunes of the country (and only pay 1% tax.) With an increase in VAT hurts the people you're trying to help.

Seeing as is the patio, I can only join the chorus of critical voices with government performance. What you do you think?

Cuidarsus!