Post by account_disabled on Mar 7, 2024 2:16:21 GMT -5
The amnesty could be interpreted as a denial of justice”
introduction
Faced with a Government that seeks to amnesty a fugitive politician, the omission of amnesty in the Constitution becomes a point of fervent debate and highlights the tension between political pragmatism and constitutional principles.
In The Spirit of the Laws , Montesquieu develops his theory on the separation of powers, which has profoundly influenced the structure of modern democracies. Montesquieu argued that the separation of powers was essential to avoid the concentration of power in a single entity and therefore avoid tyranny . This Fax Lists implies that each of the powers (Executive, Legislative and Judicial) has clear functions and should not interfere with the powers of the others. Amnesty is a legislative measure that eliminates criminal liability for certain crimes or reduces the sentences imposed. It is used in political contexts, often after civil conflicts or periods of repression, to advance reconciliation and restoration of social peace. Unlike pardon, which is a particular grace granted to specific individuals, amnesty is general in nature and applies to communities or specific crimes.
II. Constitutional principles and values
Our legal system has a series of insurmountable limits , which are the superior values of the legal system (art.1.1 CE) and the constitutional principles (article 9.3 CE). Thus, a norm – in this case related to amnesty – contrary to freedom, justice, equality and political pluralism could not be approved. On the other hand, it could not be contrary to the principle of legality, legal certainty, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and interdiction. of the arbitrariness of public powers.
As stated in article 9.1 EC, this principle binds both citizens and public authorities, although in a different way. Thus, the Constitutional Court has stated in its STC 101/1983 that while citizens have a general negative duty to refrain from any action that violates the Constitution, without prejudice to the cases in which it establishes positive duties (articles 30 and 31 , among others), the holders of public powers also have a general positive duty to carry out their functions in accordance with the Constitution.
introduction
Faced with a Government that seeks to amnesty a fugitive politician, the omission of amnesty in the Constitution becomes a point of fervent debate and highlights the tension between political pragmatism and constitutional principles.
In The Spirit of the Laws , Montesquieu develops his theory on the separation of powers, which has profoundly influenced the structure of modern democracies. Montesquieu argued that the separation of powers was essential to avoid the concentration of power in a single entity and therefore avoid tyranny . This Fax Lists implies that each of the powers (Executive, Legislative and Judicial) has clear functions and should not interfere with the powers of the others. Amnesty is a legislative measure that eliminates criminal liability for certain crimes or reduces the sentences imposed. It is used in political contexts, often after civil conflicts or periods of repression, to advance reconciliation and restoration of social peace. Unlike pardon, which is a particular grace granted to specific individuals, amnesty is general in nature and applies to communities or specific crimes.
II. Constitutional principles and values
Our legal system has a series of insurmountable limits , which are the superior values of the legal system (art.1.1 CE) and the constitutional principles (article 9.3 CE). Thus, a norm – in this case related to amnesty – contrary to freedom, justice, equality and political pluralism could not be approved. On the other hand, it could not be contrary to the principle of legality, legal certainty, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and interdiction. of the arbitrariness of public powers.
As stated in article 9.1 EC, this principle binds both citizens and public authorities, although in a different way. Thus, the Constitutional Court has stated in its STC 101/1983 that while citizens have a general negative duty to refrain from any action that violates the Constitution, without prejudice to the cases in which it establishes positive duties (articles 30 and 31 , among others), the holders of public powers also have a general positive duty to carry out their functions in accordance with the Constitution.