Constitutional Procedural Code
On the other hand, in order to confer major predecibilidad to constitutional justice, the legislator of the Constitutional Procedural Code also has introduced the technique of the precedent, in its article VII of the preliminary title, when establishing that the sentences of the Constitutional Court that acquire the authority of judged thing constitute binding precedent when therefore expresses Sentencia, needing the end of its normative effect () . In this way, although as much the jurisprudence as the constitutional precedent has common the characteristic of their binding effect, in the sense that no authority, civil servant or individual it can resist to his obligatory fulfillment, the Court, through constitutional precedent, has general a normative power, extracting a norm from a tactical mission. Conditions of the use of the precedent: This it is come off that the precedent is a technique for the arrangement of the jurisprudence allowing at the same time as the Court exerts a true one to be able normative with the restrictions that its own jurisprudence will have to be delimiting gradually. Of preliminary way it can settle down, nevertheless, that one first restriction is referred to relation enters case and precedent. As it happens in the countries of the Common Law () the value of precedent of a decision is determined by what a judge decides indeed in the sentence. More what indeed it is decided, is certain in relation to the case (fattispecie) concrete of the controversy submissive in opinion. In this sense, this Associated one considers that this rule also is valid for our system, even though also is truth that the configuration of the case in our legal system not always is related to concrete facts but to the evaluation in abstract of norms, as it happens in the case of the control of consitutionality of the Law, for example. It, however, does not do that the normative precedent that this Associated externalice, does not have a direct relation with the central question that must be decided because thus it has been put under the Constitutional Court.
12.5.13Department Status
The new blackmail of the Department of State JOSE BRECHNER the Chief of the Cabinet of Barack Obama, Rahm Emanuel, said that the efforts that will make North America to stop the Iranian nuclear threat will depend on the progress that Israel achieves in its talks with the Palestinian Authority. According to the Member of the Knesset, Yakov Katz, head of the National Union Party, what Emanuel calls is that Israel commits suicide, in exchange for United States stop a global threat. They expect Israel to accept the two-State solution, which will cause that Hamas not only US threatens missile from Gaza, but also from Judea and Samaria. And this is nothing less than the idea of a Jew, Rahm Emanuel, whose father fought in the Irgun against the British Empire, and who is identified with the left ultra that seeks the destruction of Israel. Is not the first time that State Department Israel blackmailing, he did so during the administration of George Bush father in 1991, urging him to not defend against missiles launched by Saddam Hussein from Iraq to change the support of the Arab world United States. Once Israel tolerated to be bombed, the same Government refused for a long time to secure a loan by 10 billion dollars, which was going to allow building homes for nearly a million Russian immigrants, inhumanly conditioning that please to not construct new settlements in the West Bank, while there were more than 200,000 people without shelter.
In 1948, when the Jewish State had to fend off numerous and well armed Arab armies, did with molotov cocktails and homemade weapons because his best friend did not give military support. Something similar happened in the wars of 1956 and 1967 when he had to resort to triangulations and arms dealers, because the U.S. Government refused to sell military equipment he needed to not be razed.
| Posted in General | Comments Off on Constitutional Procedural Code