Letter Of Car Accident

Kelsen, the saint who brings Constituent Assembly head.

Hans Kelsen

Ni-Austrian legal and political thinker, is a saint, nor the Constituent Assembly brings him head, the heading used to plot the direction of what happens to the Assembly and to understand the debate in about the doctrinal principles that should frame operation of it, and who were the lawfully elected Ecuadorian people in the referendum of April 22, 2007, election certainly consistent with the universal concept of a Constituent Assembly is very different from the interpretation of current assembly majority, manifested in the overwhelming power with which they solve and make decisions, assuming legislative duties primarily custodial function of a democratic state Legislature, distorting the true concept of Constituent Assembly to the detriment of the purpose for which the elected the Ecuadorian people.

Just for that character and sense of ideologues sociological neo the majority of assembly members, not just be entrusted to Kelsen, caustic critic of contamination of law with ideology or sociological elements that pollute deformatorios of its essence. Kelsen was a positivist vision he called "pure theory of law" and theorized about the formal analysis of law as an autonomous phenomenon of ideological or moral considerations, in which the law could not be considered in isolation but as part of a regulatory framework unit complex, in which respect the hierarchy of rules, giving rise to a coherent legal system. The validity of the rules, therefore, would be given by way of producing them and not for its content, ie the Constitution first, then the organic laws, special laws, ordinary laws, decree laws, legislative decrees, ordinances, etc. Principle known as the "Pyramid of Kelsen, is also serving an educational resource for law students understand the order of the ranking of legal devices, putting the Constitution at the peak of the pyramid, and in decreasing the junior legal rules, including administrative law and the recently issued Tax Equity Reform.

The antithesis of the "Pyramid of Kelsen," is the production of secondary legislation and the legislative work undertaken by the Constituent Assembly, and Kelsen, in fact, is the antithesis of the ideologues in the administration of citizen's revolution.

Obviously in most assembly Kelsen no fans, not many of them have heard named, and fans will not Norberto Bobbio, or Kauffman, nor distinguished jurists Luis Recaséns Siches Kelsenian fans thought, what is there are transcribers of the recipes that are cooked in Carondelet, where "We must acknowledge, with great wisdom, has faithfully followed a plan developed to eliminate all opposition may allow the government to have the tools that it considers essential for its management, mainly for it regardless of Congress, become the last years in the stone in the shoe of the executive. From there then, that the plan is that the Assembly provide and amend all laws that make it possible secondary objective of the government, before going to consider it should be, the preparation and drafting of the new Constitution, and to do that better than using their assembly, true pawns in the chessboard of national politics.

Others who have not heard of Kelsen, is the nefarious politicians who corrupted the political party system, distorting the Kelsenian principle that political parties have fundamental importance in democracies as "organs of state will-formation" and those who advocated a system to be included in national constitutions to ensure their important role as an institution of democracy. "Democracy, necessarily and inevitably requires a state party." "If it is hostile to the parties, it is hostile to democracy," Kelsen said that's why, today, the actions of the government majority should be aligned with healthy practice needed to listen and gather the papers that are valid from minority political parties represented in the Constituent Assembly and the government should be less all-embracing, be more tolerant and receptive to criticism from the opposition , picking those that are worth considering them and have a sense of fatherland, the motherland without rhetoric or calculation.

House Arrest With Bracelet

About

The interpretation of the law and adapt it to the XXI Century Ecuador

The interpretation of the law and adapting it to new trends of thought, but not to the combination of three key elements, namely, semantics-explained in the previous game, or the ability to correctly interpret the content of the words and in this case the texts of laws, the same way and with the same sense that the legislature did, the legal ethics which means the set of rules and principles which set out the duties governing the conduct of legal practitioners in their various roles as lawyers or judges, and legal axiology is not simply the philosophical study of values \u200b\u200bapplied to the standard and that in context with the other two form a whole called positive law.
is doctrinally called positive law, to all the legal rules that make up the law established by the legislature, as well as those that were in place for some time and were repealed going to be the historical right of a nation.
The above rules are inspired by the events caused by humans then, in its need to regulate their actions in the context of current thinking and development to bring their daily lives. These rules, given the dynamics with which the human faces life are becoming obsolete, as new forms of thinking and acting that call for new rules that harmonically balance development and the need to live in order and peace. These need to harmonize development and regulate against the order and peace necessary to know them as relevant precedents for Legal Axiology in our system, and are those that form the basis for the establishment of the purposes for which the law must serve as means of achieving justice, which in absolute terms, is the pillar which rests the principle of domestic social and political legitimacy of the democratic State.
So then as the State relies on the power conferred by law, precisely because of the power law allows the state organization and operation, thus benefiting its people, then, is the law which should serve as a means for the general welfare as a means of union between the different sectors of society to enable their coexistence, which make possible the cooperation among its members, as far as not to interfere with fundamental freedoms individual freedoms that are guaranteed by the law that always works as a means of certainty and security of societies, through the realization of justice and legal interests involved or suspected of it, like for example: peace and order, life and individual dignity, basic rights of individual freedom, the rights of equality before the law not only but also in terms of opportunities to participate in the various activities within the State, as the democratic right to participate in active politics, or to require proportionality in economic relations within the production process - fair wages, fair income, fair price, "etc. The alter ego
of legal ethics and legal axiology is found in the Constitution, in other words, the Constitution is the root and branch from which they spring primary and secondary legislation that will regulate the lives of citizens in all their activities, ie The newly elected Assembly members to the Constituent Assembly must weave fine threads of wisdom the cloak of legality and We will cover legal Ecuadorians XXI Century. It is they who must understand the need to have the appropriate legal basis to ensure that Ecuador has a law that would lay the foundations of sustainable development and sustainable over time, to ensure their people's primary human rights, the right to life as the right to health and justice, the right to freedom as the right to equality and equality before the law, indissoluble equation complete with the right to education, learning and knowing fundamental principles from which party the right to freedom, then who knows you have the freedom to choose, to choose and the same knowledge know your limits and obligations, how far and how far he is allowed to act, the right to have understood as the right to work that allows you to generate the necessary and essential goods such as housing, work that will ensure food and dress, work release allowed to build the future of your family unit of society and fundamental symbol of a free State, the right to self-determination as the right to define themselves collectively as a 'Free and Sovereign State', in where people are just as free and sovereign in its entirety and defined the power and freedom to resolve their fate in home and overseas. In sum, on this government become the locomotive of the train called Constituent Assembly, and mainly in the elected assembly, heavy responsibility and already the relentless passing of view of history, are themselves and their immediate descendants with celebrate all the benefits of their success or pay the consequences of costly mistakes.