Sources of law

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  • Publicado : 16 de enero de 2012
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* KEY TERMS.

Sources of law. - Are called to the very different procedures to create the right that regulates us. Ex: When we spoke about the origin of the legal norm, we talked about the facts that give birth to the manifestations of the human will or to the uses or social practices generate that it.

Real Sources. - These are the ones that provides the elements, situations andcircumstances that happen in the real life of mankind. Ex: Al the days of our lives are like the real sources, the ones who show us when, where and why happened something.

Formal Sources. - These are the juridical processes to create norms.
Ex: Anexample of formal sources is those that protect the workers within his company.

Law as a formal source of law. - It’s the process to create for excellence the juridical norms and it’s considered the unique direct source. Ex: If this wouldn’t exist the law wouldn’t exist either, so this means thatwe would be living as caveman.

Characteristics of law (general). - Its directed to legally regulate mankind. Ex: Without these we wouldn’t be able to live properly with other strange people around.

Characteristics of law (obligatory). - It is obligatory because the fulfillment of the law is obligatory, even against the will of the forced subject.Ex: It doesn’t matter if Britney Spear is a famous singer; if she doesn’t obey the law, she is going to have a punishment.

Characteristics of law (abstract).- Because it’s created and established without knowing how many cases or juridical situations it’s going to regulated.Ex: The ones that create laws don’t know the subjects that might be punished with these.

Creation of law (initiation). - When the President of the Republic, the Deputies and Senators, have the right to present the law initiatives to the Union Congress and the legislatures of the states. n In order to exist a law first it must be approved by theUnion Congress, if not it won’t ever enter in force.

Creation of law (discussion and approval). - It takes in both chambers, the one of deputies and the one of senators, one like origin chamber, that first knows the project, they discuss it and then approve it in general and in the individual they pass it to the reviser chamber for discussion and approval, and if it’s approved they send it tothe federal executive authority. Ex: When same the deputies had debates about approving or not the legalization of drugs.

Veto. - To reject the project of law approved by the chambers, and it has 10 capable days to exert it after receiving the law project.Creation of law (enactment and sanction). - Enactment is when the federal executive authority determines formally finished the process of creation of the law. The sanction is to formally declare a law with all the obligatory force or the public force. Ex: When President of the Republic presented by television, informationof what they are doing in the government.

Creation of law (publication).- It means when they present it to those who must fulfill it, that is to say, the population, for this is published in the official newspaper of the bund. Ex: When the government published in the newspaper the new law in protection of the non-smokers.

Creation of law (publication,...
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