For Manuel Jiménez de Parga , the Royal Academy of Political and Moral Sciences, published in the ABC (21/11/2005)
It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the preamble should not worry anyone. Ambitious
the Preamble of the draft Statute of Catalonia as harbors a burning desire to gain power, but it is unconstitutional. Not properly qualify the text saying only that it is unconstitutional. The prosecution has to be more severe. Not enough to say that it is unconstitutional. Is unconstitutional.
As I have written elsewhere, the rule is unconstitutional, violating a principle or provision of the Constitution. The declaration of unconstitutionality affects a computer component, without it injured the set of principles and rules within it. The provision unconstitutional, however, aims to change the foundations of political-legal structure. Things Fall Apart. On the site of what had otherwise intended to live up politically.
Here is what if one day we would enter into force on the proposed Statute of Catalonia. The English Nation, indivisible unit, common and indivisible homeland of all the English, would be the foundation of the constitutional system. Article 2 of our Great Charter would become a dead letter.
Some of those who defend the legal propriety of the draft Statute contend that most dubious claims, the most radical, found in the Preamble. For them, these statements are irrelevant. The Preamble to argue, does not contain legal rules directly applicable, but political and moral principles. Be irrelevant to the constitutional order affirms, for example, that "Catalonia considers that Spain is a multinational state", or "The Catalan law is applicable on a preferential basis." Such statements have no relevance if they are then included in the articles of the Statute.
With this argument is playing the distinction between rights and security statement rights. It was a controversy that took place between the lawyers in the late eighteenth century. The preambles of the constitutions (also now of the Statute of Autonomy) would be too vague to be considered authentic requirements, mandates to do something or quit. 'The principles enunciated in the Preambles political, or moral, but not in them mandatory legal rules ", it argues against the value of the Preamble.
has contributed to the confusion the equalization of the Preambles to the explanatory statements often lead laws. It is, however, two different kinds of texts. In the Exhibition Grounds, as its name suggests, the legislature explaining the reasons which led it to develop the new rules. The preamble, however, anticipates the ideas that will shape the constitutional system, or the statutory scheme and must state the opinions which the majority agrees.
However, in all constitutional preamble (also in statutory) there are usually two kinds of statements. Some are real legal requirements that have the same binding force as the provisions of the articles. In addition to the most amazing proclamations ("Catalonia is a nation ',' Spain is a multinational state ") we come now to the following statement:" This is a free people Status of free people, "which seems to mean that Catalonia is removed from any dependency or servitude that violates the freedom of people. "Only in Catalonia?
The Preamble, however, plenty of proclamations that are not authentic rule of law. Valga an example: "Catalonia is a country rich in land and people, a diversity that has defined and enriched and strengthened for centuries for the coming time." It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the Preamble
should not worry anyone. The Constitution would be safe.
An underestimation of the Preambles Constitution has been rejected by prominent lawyers who have been interested in the subject. Particularly in France was much discussion of the Preamble to the Constitution of 1946, then reaffirmed in the text of the V Republic, in 1958. As compelling reason in favor of the binding force of the preamble said that the referendum was submitted to popular approval of all the texts, with the Preambles included, and it would be illogical downplay a statement made in the Preamble and positively sanctioned directly by citizens.
the preambles of the constitutions (and laws) must be written with special care because they serve as a guide for interpreters. They are condensed in a few paragraphs, the constituent (or estatuyente) wants to regulate. Preamble Good reduces guesswork and uncertainty that often generate policy documents.
Georges Vedel taught us that the Preamble "can introduce some order into chaos." And the master died without knowing the draft Statute of Catalonia. What do you say now? The Preamble of the draft Statute is both ambitious and unconstitutional, confused, messy. It's chaos, with his keen gaze, glimpse of the great French teacher.
Chaotic and isolationist. Juan Velarde Fuertes we just highlight that the draft Statute is pervaded by a sickly particularism: to "living apart" is accepted to live much worse. Ortega's words in 1932 Special recover today: "The Catalan problem is a common example of particularistic nationalism." They do not mind breaking ties with the rest of Spain. Are worse off economically, culturally, legally, financially, academically, but will live apart, in different ways. The big goal, "the fact differential" at hand.
It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the preamble should not worry anyone. Ambitious
the Preamble of the draft Statute of Catalonia as harbors a burning desire to gain power, but it is unconstitutional. Not properly qualify the text saying only that it is unconstitutional. The prosecution has to be more severe. Not enough to say that it is unconstitutional. Is unconstitutional.
As I have written elsewhere, the rule is unconstitutional, violating a principle or provision of the Constitution. The declaration of unconstitutionality affects a computer component, without it injured the set of principles and rules within it. The provision unconstitutional, however, aims to change the foundations of political-legal structure. Things Fall Apart. On the site of what had otherwise intended to live up politically.
Here is what if one day we would enter into force on the proposed Statute of Catalonia. The English Nation, indivisible unit, common and indivisible homeland of all the English, would be the foundation of the constitutional system. Article 2 of our Great Charter would become a dead letter.
Some of those who defend the legal propriety of the draft Statute contend that most dubious claims, the most radical, found in the Preamble. For them, these statements are irrelevant. The Preamble to argue, does not contain legal rules directly applicable, but political and moral principles. Be irrelevant to the constitutional order affirms, for example, that "Catalonia considers that Spain is a multinational state", or "The Catalan law is applicable on a preferential basis." Such statements have no relevance if they are then included in the articles of the Statute.
With this argument is playing the distinction between rights and security statement rights. It was a controversy that took place between the lawyers in the late eighteenth century. The preambles of the constitutions (also now of the Statute of Autonomy) would be too vague to be considered authentic requirements, mandates to do something or quit. 'The principles enunciated in the Preambles political, or moral, but not in them mandatory legal rules ", it argues against the value of the Preamble.
has contributed to the confusion the equalization of the Preambles to the explanatory statements often lead laws. It is, however, two different kinds of texts. In the Exhibition Grounds, as its name suggests, the legislature explaining the reasons which led it to develop the new rules. The preamble, however, anticipates the ideas that will shape the constitutional system, or the statutory scheme and must state the opinions which the majority agrees.
However, in all constitutional preamble (also in statutory) there are usually two kinds of statements. Some are real legal requirements that have the same binding force as the provisions of the articles. In addition to the most amazing proclamations ("Catalonia is a nation ',' Spain is a multinational state ") we come now to the following statement:" This is a free people Status of free people, "which seems to mean that Catalonia is removed from any dependency or servitude that violates the freedom of people. "Only in Catalonia?
The Preamble, however, plenty of proclamations that are not authentic rule of law. Valga an example: "Catalonia is a country rich in land and people, a diversity that has defined and enriched and strengthened for centuries for the coming time." It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the Preamble
should not worry anyone. The Constitution would be safe.
An underestimation of the Preambles Constitution has been rejected by prominent lawyers who have been interested in the subject. Particularly in France was much discussion of the Preamble to the Constitution of 1946, then reaffirmed in the text of the V Republic, in 1958. As compelling reason in favor of the binding force of the preamble said that the referendum was submitted to popular approval of all the texts, with the Preambles included, and it would be illogical downplay a statement made in the Preamble and positively sanctioned directly by citizens.
the preambles of the constitutions (and laws) must be written with special care because they serve as a guide for interpreters. They are condensed in a few paragraphs, the constituent (or estatuyente) wants to regulate. Preamble Good reduces guesswork and uncertainty that often generate policy documents.
Georges Vedel taught us that the Preamble "can introduce some order into chaos." And the master died without knowing the draft Statute of Catalonia. What do you say now? The Preamble of the draft Statute is both ambitious and unconstitutional, confused, messy. It's chaos, with his keen gaze, glimpse of the great French teacher.
Chaotic and isolationist. Juan Velarde Fuertes we just highlight that the draft Statute is pervaded by a sickly particularism: to "living apart" is accepted to live much worse. Ortega's words in 1932 Special recover today: "The Catalan problem is a common example of particularistic nationalism." They do not mind breaking ties with the rest of Spain. Are worse off economically, culturally, legally, financially, academically, but will live apart, in different ways. The big goal, "the fact differential" at hand.
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