Post by nurnobi85 on Feb 12, 2024 2:09:49 GMT -3
Even in proceedings of an administrative nature ( or , as in this case, of a political-administrative nature ) -, the (indispensable) guarantee of due legal process . It cannot be ignored that, in the process of revoking a parliamentary mandate, there is an evident relationship of conflict that places , in antagonistic positions (situation of conflicting polarity), on the one hand, the body that formulates the representation ( in which it is embodied, instrumentally , the imputation that determines the loss of mandate), and , on the other, the congressman who suffers the accusation and who is therefore exposed to the very serious possibility of being.
Deprived of the parliamentary role he holds. Even though the procedure is imbued with a strong political component, it is subject , Mr President, more than to the rule of mere regulatory norms, to the strict observance of the legal formulas that govern any process – judicial or non-judicial ( CF , art. 5th, LV) – and which derive from a complex of rights and prerogatives that make up the Dubai Email List constitutional defense statute itself , which represents, in the context of our institutional system, a clear factor limiting the powers of the State . It is not difficult to remember , at this point, considering the constitutional jurisprudence that this Supreme Court established on the matter, that no one can be deprived of their freedom.
Their property or their rights without due legal process, notably in those cases in which it is established, as happens in the species, a relationship of conflicting polarity between the State, on the one hand, and the individual, on the other. It is important to bear in mind , therefore, that the State, in terms of restricting the legal sphere of any citizen, cannot exercise its authority in an abusive or arbitrary manner, disregarding , in the exercise of its activity, the postulate of fullness of defense, because the recognition of the ethical-legal legitimacy of any measure imposed by the Public Power – which results in serious consequences in terms of individual rights and guarantees – requires faithful.
Deprived of the parliamentary role he holds. Even though the procedure is imbued with a strong political component, it is subject , Mr President, more than to the rule of mere regulatory norms, to the strict observance of the legal formulas that govern any process – judicial or non-judicial ( CF , art. 5th, LV) – and which derive from a complex of rights and prerogatives that make up the Dubai Email List constitutional defense statute itself , which represents, in the context of our institutional system, a clear factor limiting the powers of the State . It is not difficult to remember , at this point, considering the constitutional jurisprudence that this Supreme Court established on the matter, that no one can be deprived of their freedom.
Their property or their rights without due legal process, notably in those cases in which it is established, as happens in the species, a relationship of conflicting polarity between the State, on the one hand, and the individual, on the other. It is important to bear in mind , therefore, that the State, in terms of restricting the legal sphere of any citizen, cannot exercise its authority in an abusive or arbitrary manner, disregarding , in the exercise of its activity, the postulate of fullness of defense, because the recognition of the ethical-legal legitimacy of any measure imposed by the Public Power – which results in serious consequences in terms of individual rights and guarantees – requires faithful.