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Enviado por   •  20 de Agosto de 2015  •  Ensayos  •  2.010 Palabras (9 Páginas)  •  175 Visitas

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Universidad Autónoma de Nuevo León[pic 1][pic 2]

Facultad de Ciencias Política y Administración Pública

Introduction to law

Requirement and evidence: comparative study between Mexico and Colombia


Each country has its own legal system and its peculiar way to consider the laws, customs and jurisprudence. They are due to that each one differs from the other under its unique characteristics, social, racial, and religious, as well as having different traditions.

Entire legal system must reflect, first and foremost, customs and beliefs of the people. Unfortunately this principle is not always fulfilled in reality, whenever there are peoples who imposes a legal system, or a right that does not correspond to your needs.

By legal system we mean the set of governmental institutions, legal norms, attitudes and belief in a country about what is the right, its role in society and the way in which it is created or it should create, apply, improve, teach and study.

For García Máynez, legal system "is the objective set of legal rules which are in force in a given place and time, and that the State established or created with the objective of regulating conduct or human behaviour".

Contemporary legal systems integrate the set of laws, customs, reasons and case law of positive law in the various countries of the world.

Calculate the number of legal systems around the world is the same amount that the existing countries, since as mentioned above every nation has its own legal system, although there are States in which coexist different systems of law, as it is the case of Canada and of the United States of America, but instead only we will do a comparative study of Colombia and Mexico.


Comparative study of Mexico and Colombia

México

Colombia

Legal system

The United States Mexicans are organized into a Federation, whose legal nature, is based on articles 40 and 41 of the Constitution. These constitutional precepts state that "is will of the Mexican people to become a democratic, federal, representative Republic composed of free and sovereign States in all matters relating to its regime inside, but United in a Federation established according to the principles of the Constitution; and the people exercises its sovereignty through the powers of the Union, in the case of competition, and by the States, in what touches their internal regimes, in the terms established by this Constitution...".

The powers of the Union of the Mexican United States are separated according to the principle of division of powers as established by article 49 of our letter Magna on Executive, legislative and Judicial. The same way as at the Federal level, free the 31 States and a Federal District and sovereigns who are empowered to elect their authorities; each State has its own Constitution and domestic legislation.

The Colombian State is governed by the Constitution of 1991. With this new Constitution opened in Colombia a citizen participation process and, more specifically, a new democratic framework based on the legal recognition of the fundamental rights for all Colombians. In this sense, the Charter is considered one of the most advanced in the world.

Colombia is a social State of law, organized as a unitary Republic, with autonomy in their territorial entities, Colombia has a Republican, democratic and representative political system in which there is a clear division of powers that are the Executive, legislative, judicial.

Structure of the Executive Branch

The Executive power is deposited in one the President of the Republic, its main function is to execute the laws passed by legislative bodies. To perform the functions that incumbent, President of the Republic receives support from the Secretaries of State and other officials.  The Executive power is often one-man; in a presidential system, the head of Government is also the head of State, his duties: is responsible for the daily management of the State, running general policies, represents the nation, says the armed forces and advised with regard to the legislation.

In addition the Attorney General's Office (PGR) is the organ of the federal executive in Mexico which is mainly in charge of investigate and prosecute the crimes of the federal order and whose owner is the Attorney General of the Republic, who chairs the public prosecutor's Office and its subsidiary bodies that are investigating police and experts. Duties: is responsible for the firm's Affairs to the political Constitution of the Mexican United States, the organic law of the General Attorney of the Republic, its regulations and other jurisdictions entrust to him the Procurators-General of the Republic and the public prosecutor's Office. The Secretaries of State are also holders who are in charge of each of the secretariats have by tare the administrative order entrusted with the Executive power of Union Office. So the Secretaries are responsible for the formulation with respect to matters within its competence, the projects of laws, regulations, decrees, agreements and orders of the President of the Republic.

The Executive Branch is headed by the President of the Republic, who serves as head of State, head of Government and Supreme Administrative authority. The Executive Branch also consists of the Cabinet members and the directors of administrative departments. In accordance with article 188 of the Constitution, the President must not only comply with and enforce the Constitution and the laws of Colombia, but it should also ensure the rights and freedoms of all Colombians. The Cabinet includes Ministers of Foreign Affairs, Interior and justice, who fulfilled an important role in the implementation of the commitments made by the State in the field of human rights.

Within the Presidency of the Republic there is the Presidential Advisory Office for the defense, protection and promotion of human rights. This office deals with complaints concerning human rights violations handled in internal systems. Conforms to this work in collaboration with the relevant authorities, especially the Office of the Attorney-General, the Office of the Attorney-General and the competent courts. In addition, it deals with respond to requests made to the Colombian Government by international intergovernmental and non-governmental organizations concerning the situation of human rights in the country and the obligations assumed by the Colombian State by virtue of the treaties and conventions which it has ratified. Therefore, the Ministry carries out work relating to cases and situations dealt with by the Inter-American Commission on human rights. Complies with this part of its work in collaboration with the Ministry of Foreign Affairs of Colombia.

Articles

Article 30. The political Constitution of the Mexican United States establishes that Mexican nationality is acquired by birth or by naturalization.

Foreign citizens who acquire Mexican nationality, must prove that they have resided in national territory when least five years immediate before the date of your request, with some exceptions which marks the nationality law in article 20. Also foreigners be formulated expressly to the nationality which is attributed to them, any submission, obedience and fidelity to any foreign State, especially one who attributed him the other nationality, to all protection strange Mexican authorities and laws, and all rights to treaties or international conventions granting foreigners. Also, they protest accession, obedience and submission to the laws and Mexican authorities and shall refrain from making any conduct involving submission to a foreign State.

Article 961. sets the parameters that define the right of Colombian nationality, as well as in this same mentioned law with foreigners for his naturalization in agreement to what established the laws of their own country. It is part of that indigenous peoples living in border areas is entitled to exercise the citizenship of Colombia on the basis of the principle of reciprocity that case in international agreements with neighbors.

According to the law 43 of 1993, acquired the quality of Colombian citizen meeting these conditions, in the case of resident aliens: foreigners residing in Colombia may adopt Colombian if being foreign citizens, show that her home in Colombia lasted five or more continuous years in the national territory. For Spaniards, the period is of two continuous years, and for the natives of any Latin American country and of the Caribbean, a continuous year so a stranger can access to Colombian citizens should express your desire on the placement of the same, likewise and according to the previous law, should apply for registration to the Ministry of Foreign Affairs of Colombia, and in the case of Hispanic American citizens can do so in municipalities, and in the case of non-Hispanic foreigners they can also apply for their citizenship in the departmental governorates. In any case, they must apply for the civil registration of naturalization, and in it may register if they wish to their minor children that I wanted to become naturalized citizens. It is important to provide that any citizen who has obtained Colombian nationality being foreign should not if any give to own nationality, and where abroad is highlighted in the fields of national interest you can get citizenship Colombian with the clearance from the Government of Colombia and the Ministry of Foreign Affairs if it does not comply with any of the above requirements.

Article 115. States shall take, for their internal regime, form of Republican, representative and popular Government, the basis of its territorial division and its political and administrative organization to the free municipality.

Article 286. Territorial entities are the departments, districts, municipalities and indigenous territories.

Article 71.-The right to initiate laws or decrees compete:

I. the President of the Republic;

II. To the deputies and Senators to the Congress of the Union; and III. To the legislatures of the States.

The initiatives presented by the President of the Republic, by the legislatures of the States, or by the Councils of the same, certainly went into Commission. Which the deputies or senators, proceedings are hold to the procedures designated by the rules of debate.

Article 154- Laws may have origin in either Chamber a proposal from their respective members, the national Government, the entities referred to in article 156, or by popular initiative in the cases provided for in the Constitution.

Only, however, may be dictated or on the initiative of the Government reformed the laws referred to in the numerals 3, 7.9, 11 and 22 and literals a, b and e of article 150; that order participations in national incomes or transfers thereof; which authorize contributions or subscriptions of the State to industrial or commercial enterprises and which enact tax exemptions.

Cameras may introduce modifications to the draft submitted by the Government.

The Bills relating to taxes will begin its proceedings in the House of representatives and which relate to international relations in the Senate.

Article 156.-The Constitutional Court, the Higher Council of the judiciary, the Supreme Court of Justice, the Council of State, the National Electoral Council, the Procurator-General of the nation, the Comptroller General of the Republic, have the power to introduce bills on matters related to its functions.

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