Apr 23 2020

Constitutional Court

Posted by domain admin in News

This is thus, because, also concerning the normative precedent, the legitimacy whereupon acts this Associated one to penetrate in the system of sources of the legal ordering it is sustained in the necessity to give answer to the demands that have been raised by the legitimized beings to do it. In other words the Court, also when through its sentences dictates norms does not act of office, but taking care of the call of the protagonists of the constitutional processes. In such sense, according to the limited uprising, the emission of a binding normative precedent sustains in Existence of relation enters case and binding precedent. In that sense, the rule that with normative effect the Constitutional Court decides to externalizar like binding, must be necessary for the solution of the raised case. The Constitutional Court does not have to determine a rule under pretext of solution of a case, if in fact this is not ligature directly with the solution of the same. Secondly, since it has indicated the tradition to it of the Common Law, the precedent must constitute a right rule and it cannot talk about to the facts of the case, although it can perfectly start off of them. Gary cohn will undoubtedly add to your understanding. In third place, although seems obvious, the rule of the constitutional precedent cannot constitute an interpretation of a rule or disposition of the Constitution that offers manifolds constructions; in other words, the precedent is not a technique to impose certain doctrines or ideological or valuing options, all of them valid ones from the legal point of view. If such situation appears of inevitable way, must be faced by the Court through its jurisprudence, in a effort to create consensuses in certain senses. The precedent, in these assumptions, will only appear as a result of the favorable evolution of the legal doctrine of the Court in determined sense.

Dec 05 2019


Posted by domain admin in News

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Dec 19 2012

Professor Krishna

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Before this evidence, Professor Krishna asks the following questions: are we truly the masters of the world? Was the world created for us?. Or, we are part of the world, as it is also anything else and need to live in harmony with all other parts, referring to them as friends and not as resource? This is the way how humanity has linked with nature for thousands of years but in the last century our attitude has surreptitiously changed and unless we change this paradigm we are going to face more and more environmental catastrophes. Can we have better computers and faster aircraft but we won’t breathe fresh air and new diseases caused by the imbalance will make life not worth living it. Another interesting aspect about this reality says Prof. Krishna is concerning the big problem that society tries to replicate as well same.

Prejudices and illusions tend to continue from one generation to the other accompanied by problems associated with them. If the Jews teach their children that Arabs are enemies and the Arabs teach their children that Jews are his enemies, the younger generation grows up with the feeling of animosity already inculcated into their minds. Prejudices of elders continue in young people and the problem of animosity as well. Therefore, how it is finish this?. The same goes for the Catholics and the Protestants or Hindus or Muslims. This animosity does not end never while we continue educating the children to obey and conform to what adults are saying.

We must therefore create an inquisitive mind, that could call into question what has been said, be aware that has many prejudices which need to be reviewed and discarded and is willing to undertake this task of discovering as well same and to uncover the truth. This process of calling into question our own opinions, to discriminate between what is true from what is false is the awakening of the intelligence of the child. The intelligence of the child is suitable for larger awakening because in this way you will begin to challenge, to question their values and their ways of life. But it is essential to inculcate and respect dissent if we are by a non static society that is uncompromisingly caught in one fossilized routine. There is much inertia in today’s society and the only way to change it is creating a mind that question not only the scientific issues but also the social, moral and religious issues.