EXERCISE No. 1
The President appealed directly to the Supreme Court after he knew it was imminent coup. As the chief magistrate of the Republic was in the courthouse a secretary died subjects in the Government Palace. The press described the event as prelurio of armed revolution and soon produced a social upheaval. While all this was in turn a foreign diplomat was shot in the Avenida Mcal. López. The Human Rights activists took to the streets but this revolution was finally the President of the Republic at a press conference said its injunction request was already installed in the Supreme Court.
Say and Fundamental
a) Is the application for injunction in such cases?
Is the application of Amparo because our national constitution, in Article 134 refers to "Any person who by an act or omission, manifestly unlawful, of an authority or an individual is deemed seriously injured or in imminent danger of rights and guarantees enshrined in the Constitution or the law, and because of the urgency of the case could not be remedied through the usual channels, you can petition for amparo before the magistrate. "
b) What would be the best constitutional guarantees given to the aforementioned case, if the guarantee does not fall under?
The constitutional guarantee of Under applicable.
also How do you solve the case of the woman who died in the absence of the President in the Government Palace if family argued the matter as a murder caused by the guardians of the Government Palace?
If relatives argued the matter as a murder caused by the Guardians of the Government Palace will be proven at trial for the murder charges.
c) What government agency should use to clarify what happened to the foreign diplomat?
should resort to the Public Ministry, as is the research agency.
d) What would be the political costs to national and international level against the government if it were shown conclusively that the coup was never intended, or threat of violence that may endanger the stability of state and government.
The State should pay compensation for what happened if it were shown that was never intended coup.
EXERCISE No. 2
Carrara Teresita Núñez in his attempt to kill two bird. Shot up but great was the surprise. Who shot a naked boy named Sebastian Rio Boloco when the event occurred and to realize the reality.
fell to the floor Teresita big scare'm hemiplegia. He attended a neighbor by name. Anastasia Cabrera then took a bullet to the other side of the tree, where he young naked state.
rarely Anastasia was sentenced to 10 years in prison for breaking acted with constitutional guarantees and some due process both during the incident that occurred during the process as developed in the case.
Supplemental Data
1 - The tragic event occurred on Good Friday wings 15:00.
2 - The real author of the second shot is Joaquin Versa citizen mob boss.
Say and cover:
1 What would have violated constitutional guarantees since there was a tragedy occurred?
It would have violated the constitutional principle of Habeas Corpus:
ARTICLE 133 - THE HABEAS CORPUS
This warranty may be brought by the victim, either directly or by proxy, without reliable power by any means, and before any Judge of First Instance of the respective judicial district.
Habeas Corpus may be:
1. Preventive under which any person in imminent danger of being illegally deprived of his physical liberty may seek review of the legitimacy of the circumstances at the discretion of the affected, threatening their freedom as well as an injunction of such restrictions.
2. Reparative: whereby any person who has been unlawfully deprived of their liberty may seek to rectify the circumstances. The judge ordered the arraignment, a report of public or private agent who arrested him within four hours of the filing of the petition. If required this is not done so, the judge will proceed to the place where the person is being held, and in that place, shall determine the merits and order his immediate release, as if it had complied with the presentation of the detainee and The report has been filed. If there were no legal grounds for deprivation of liberty, the person shall immediately, if he had written order of a judicial authority shall send the records to the person who ordered the arrest.
3. Generic: Under which circumstances may demand rectification of which, not being provided in both cases above, restrict the freedom or threaten personal safety. Additionally, this warranty may be brought in cases of physical, mental or moral that aggravate the conditions of those legally deprived of their liberty.
The law shall regulate the various forms of habeas corpus, which come even during a state of emergency. The procedure shall be summary and free and can be initiated automatically.
2 What procedural safeguards have been omitted for the woman shot received 10 years in prison?
Guarantees process that was omitted is that of legality and objectivity.
The principle of legality and rule of law is a fundamental principle of public law under which any exercise of public power should be subject to the will of the law in your jurisdiction and not the will of the people.
Principle of objectivity: is that, in the exercise of its powers, must conform to objective criteria, ensuring only the correct application of law.
He thus imposes an obligation to investigate with the same zeal is not only a history that substantiate the persecution or prosecution, but also the background in order to support the defense of the accused or the defendant (ie, material and evidence rosary brady, respectively, the U.S. system).
3 - Find the middle ground between right action and address justified. That could have been used in the 10-year sentence
justified Directorate could have been used to establish the conviction.
YEAR No. 3
The birthplace of the mother of the minister was torn in two and the old woman broke her head fell to the floor, the minister immediately ordered that the commissioner proceeded to take the employee "coca" arrested in the police station. Later, the minister ordered taken to the regional prison design.
Say and based
a) What action protects coca? to regain his freedom.
Writ of Habeas Corpus Repair because he is unlawfully deprived of their liberty.
b) Make the application to become a constitutional guarantee effective way to regain their freedom Minister receives constitutional sanctions and therefore outside the criminal.
Habeas Corpus at the same time is a constitutional guarantee that "Coca" recover their freedom and the Minister receives the constitutional sanctions and therefore outside the criminal.
Exercise No. 4
4) What Constitution of Paraguay is called the reverse? And Why?
inverted is called the Constitution of 1992 to be a partial reproduction of other constitutions.
5) On trial for drug trafficking Bolani Jacinto burden on the Supreme Court issued the ruling that ended the litigation. Decided to condemn Bolani to 2 months in prison and U.S. $ 8 million fine in character.
case aired internationally fu it was quite striking the sentence, but the ministers signed refer to solved the issue in accordance with the terms of the constitution and laws. Find Art Constitutional base that has served the sentence, plus:
Say and base.
a) If you used the ratio or the ratio lex constitutionalism, to resolve the issue.
According to my opinion has not been used the ratio or the ratio lex constitutionalism to resolve the issue.
b) What Constitutional theory could be used to impose only 2 months in prison?
to any constitutional theory because the minimum term of imprisonment is 6 months.
c) Tell under what could have intervened when the Attorney General of the State, or never participate in the trial tube.
had no involvement in the trial.
8) What are the materials that can not be put to a referendum under our current constitution and which of them is perpetual and inalienable.
A referendum is an election, through which the electorate of a country or nation expresses its will on an issue or decision, constitutional or legal representatives submitted to your query. It's usually the way yes or no, which responds to a question posed by the electoral body and those interested in carrying it out.
The referendum is the mechanism of semi-direct democracy par excellence and now complements the system of representative democracy, promoting the direct involvement of the electorate.
The referendum is a decision-making procedure by which citizens exercise their right to vote to decide on a proposed resolution by the expression of their agreement or disagreement.
The referendum is present when a request of the country through a legal process, either by collecting a required number of signatures, that national legislation or request otherwise each country deems appropriate.
Usually this is done to the national consultation on a topic of popular interest and requires the approval of all, like the founding of a new constitution, or approving the same, also if you want to make a constitutional amendment revoke the mandate of any president including the most representative and other less important but equally are enforceable through this route.
9) Don Juan Osorio wants to build a field Modern saint for creatures that may be aborted. In his attempt to carry out their intended plan proposes to Congress Bill for public input at its nuclear states that would be forced residents of this city for 12 months to contribute the sum of 120,000 Gs. month to achieve the desired purpose. Say
and base:
a) has a constitutional basis
Bill
has no constitutional basis
Bill raised by Don Juan Osorio.
b) is likely and may carry out the project
is unlikely because it has no constitutional basis.
c) The legal nature of the project where its consideration and legal equivalence
In the Penal Code but is a very short-lived project because it can not impose every citizen the required amount of this sum of money, the money would have to leave the state and not the citizen.
d) has a strictly legal the project or simply lies on a tame interest of citizens
According to my opinion only simple interest is vested in a citizen's bland.
10) It is believed that in 2030 the government appears to want to give Paraguay the Chaco in Argentina and Brazil Eastern Region proclaiming that the best life imposed on the better country.
Say and base:
a) From which place until the place mentioned president can not touch Paraguayan territory and for what reason?
The president can not touch this territory in response to respect the sovereignty of Paraguay.
b) What is the biggest case of loss of sovereignty that is latent in Paraguay and physical space that relates the hazard.
On the Western Region
imminently
c) Say which are further territorial losses suffered by Paraguay in the last 60 years
Formosa province ... ...
11) City officials tried to choose owe allegiance to the Queen but appeared a resolution of the Superior Court of Electoral Justice prohibiting the election. The Commission also Idir neighborhood of Santa Ana wanted to reward with a million Gs. the man who said a few times. I'm Happy, within a 5 min. The story could not be banned just because it is the same ECJ. The Regional Prison inmates tried to elect a Chief, but could not pursue such a venture because it prohibited the ECJ. According to the present Constitution of which is legal but the other arbitrary.
and base Say:
A bans Which is correct and which are arbitrary
The first 2 are arbitrary prohibitions and the third is correct .
Reviewing constitutions
B Argentina, Bolivia, Panama, Mexico and Sweden make a strict comparison, setting in which countries these three cases, the same way as they were prevented would be absolutely constitutional and legal.
In these countries would be legal and constitutional, but in our country is not. The Queen of the municipality may choose their own officials or judges assigned by it. In the same neighborhood as a commission can award to whoever without the need to establish regulations for the Electoral Court.
12) Say that American constitution la fuerza pública es directamente denominada Fuerza armada
En la Constitución de 1992
13) Un niño vivía bajo el régimen de la Constitución del 70. En el año 1920 hubo una gran conmoción nacional. Los padres y el niño pretendieron abandonar el país pero un Juez dispuso lo contrario. Otro niño vivió bajo la vigencia de la Constitución de 1940. Durante la guerra civil de 1947 tanto el niño como sus padres pretendieron salir del país pero un Juez de Paz se los impidió. Un tercer niño vivió durante la vigencia de la Constitución de 1967. Durante la gran redada del año 1961 the parent and the child attempted to leave the country but the interior minister had been thwarted.
and base Say:
A Which of cases is regular and corresponds in law and which ones were null and void according to the texts constitutional time.
Only the third case is in order and according to law, the first 2 cases presented are null and void according to the constitutions of its time.
14) Formerly and perhaps the first name given to the state of exception is the flag State subsequently occurred as 15 nominations in accordance with constitutional history.
If international armed conflict, whether formally declared or not, or serious internal unrest put in imminent jeopardy this Constitution or the regular functioning of bodies established by it, Congress or the Executive may declare a state of emergency in all or part of the national territory for a period of sixty days. In the event that such statement was made by the Power Executive, the measure must be approved or rejected by Congress within forty-eight hours.
The sixty days may be extended for periods of up to thirty days thereafter, to which will require an absolute majority of both Houses.
During the parliamentary recess, the Executive may prescribe, for once, the state of emergency for a period not exceeding thirty days, but must be submitted within eight days after its approval or rejection by Congress , which will be called automatically to a special meeting, only for that purpose.
The decree or law to declare a state of emergency shall contain the reasons and facts that are invoked for adoption, the time of its validity and the affected territory and restricting rights.
for the duration of the emergency, the Executive may only order, by decree, in each case, the following measures: the detention of persons suspected of participating in some of these facts, moving them from one point to another in the Republic, and the prohibition or restriction of public gatherings and demonstrations.
In all cases, the persons accused will have the option of leaving the country.
The Executive shall report immediately to the Supreme Court on those detained under state of emergency and the place of detention or transfer, to enable a judicial inspection.
Persons detained under state of emergency will remain clean and healthy, not intended for common criminals, or kept under house detention.
Shipments will always populated places and wholesome.
The state of emergency does not interrupt the functioning of the branches of government, the force of this Constitution or specifically, habeas corpus.
Congress, by majority vote, may at any time to lift the state of emergency, if you stopped to consider that the reasons for his statement.
Once completed the state of emergency, the Executive shall report to Congress no later than five days on the proceedings during the term of that court.
15) In what ancient civilization of the senate for life after five years of validity automatically became
Viceroyalty
Overseas Minister held a Senator for life which became the Viceroyalty of Mexico during a period of 5.
16) In which country of the universe for each sanction of an Act of Parliament should raise and sing the national anthem of that country.
In Japan
17) Talk the Legal Corum as all constitutions of Paraguay
Article 185 - JOINT SESSION OF THE
Chambers joint sessions as provided in this Constitution in the regulation of Congress, which will establish the necessary formalities.
The legal quorum is formed with half plus one of each House. Except where this Constitution provides qualified majorities, decisions are taken by simple majority vote of the members present.
For votes of both Houses of Congress means a simple majority of half plus one of the members present, for two-thirds majority, two thirds of the members present, by an absolute majority, the legal quorum, and by two-thirds majority, two thirds of the total membership of each house.
The provisions of this Article shall also apply to the sessions of both houses in Congress assembled.
The same quorum and majority rules will apply to any elected collective body provided by this Constitution.
18) In which countries of the world according to its constitution the fundamental requirement to be president is to be married and have 2 children at least.
In countries Austrian
19) Latin American countries that have the same amount of Minister of the Court of Paraguay
The number of Ministers varies Court. Works in rooms that know of the various matters submitted for its decision. As its name implies, they know, basically, of the appeals that are filed in civil, criminal, juvenile, labor and local police, provided that if certain requirements set forth by law.
The appeal is brought against a judicial decision is to obtain a process to be reviewed by the immediate superior of the one who issued the resolution meeting. They are also entitled to know, among other things, the injunction, writ of amparo.
20) In which countries are in effect the constitution Stonelands
We
the texts of the constitutions of France and Italy , which prohibit the change in shape republican government. We have challenged the reasonableness of feasible support the existence of stone clauses in their constitutions, it matters tied to the will of the people to determinations, history and prompt the exercise of violence to resolve the impediment.
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