Salmon Patties Made Without Eggs

PROBLEM:

One of the two pillars of the tax law is constituted by the so-called principle of constitutionality, which involves the submission to the essential features of the legal order.

There must always be a clear subordination of the tax law to the constitutional provision that has been shown that compliance when issuing the first, the rules derived from the legislative hierarchy.

Our fundamental laws, since the remote times of national independence. Has sought, as demanded Adam Smith, the Mexican tax system structure on the principles of justice, fairness and proportionality, considering not only the good of the state but also in protecting citizens' rights.

The l Article 31 of the constitution promulgated on February 5, 1857 established the fundamental principle:

Article 31 EC: "1. All contribute to sustain public expenditure according to their economic capacity, through a tax system just based on the principles of equality and progressive, in no case shall a confiscatory scope.

2. Public expenditure shall make an equitable allocation of public resources and its programming and execution comply with criteria of efficiency and economy.

3. May only be imposed personal or public property in accordance with the law. "

constitutional principles of taxation to be speaking are:


principle of generality.


binding principle. Top


link to public spending.


Principle of proportionality and equity.


principle of legality.

And each is:

a) principle of generality.

is a direct result of tax law, all taxes to be valid and effective must be provided in a law.

Speaking of generality in the legal sense, we have perforce to make an important distinction between this concept and the consistency with which it often is confused. It is said that a law is general when it applies without exception to all persons who are placed in the various scenarios that may be established by regulations, that and rightly states that the laws are aimed at "an unnamed plurality of subjects," all those engaged at any time a normative assumption. A provision is uniform when it should apply to all equally and without distinction of any kind to all persons placed under the authority or jurisdiction to whom issued. It is estimated that the General Tax Principle can be stated saying that, they are obliged to pay those taxes, physical or moral, for whatever reason or circumstance to be located in any of the policy assumptions provided for in the tax laws, conducting accordingly for the tribute event in question.

does not mean that everyone must pay tax, but those able to pay.

b) STATEMENT OF OBLIGATION:

This duty is linked to the general principle, means that any person who is located in one of the premise established in a tax law issued by the Mexican state, it automatically becomes liable to cover the corresponding tax, within the same law established.

must insist that the taxes or contributions are tax revenues that the State indispensably required for the development of their activities. The principle of compulsory taxation matters must be understood in terms not of the simple existence of a duty incumbent the taxpayers of the juridical and tax, but as a genuine public duty, whose failure may result severe consequences for individuals. Contributing to the maintenance of public expenditure is by no means a funny gift or voluntary contributions, is a real financial sacrifice so that you can have a range of public and collective welfare projects, so our Constitution is imposed on mandatory basis, as civic duty of public order, and it gives the state the appropriate legal instruments to ensure their full force and fully implemented.

c) STATEMENT OF RELATIONSHIP WITH PUBLIC SPENDING:

Article 31 of our Constitution that governs us, he says, "are obligations of the Mexicans: IV .- contribute to public expenditure and of the federation, as states and municipalities where they reside. .. "

tax revenues are intended to pay for public services the state provides, so that services for individuals should represent a benefit equivalent to the contributions made and would be illogical and unfounded that require a permanent state his subjects, a number of contributions without providing anything in return. It is arguable that no citizen would agree to help support a state that refused to meet basic social needs, this is the main cause of tax evasion.

ancient and recent history shows that bad rulers, who have diverted public funds have been immediately identified as corrupt, dishonest and have been the cause of divorce.

our Constitution imposes on governments the duty to earmark contributions exclusively to the satisfaction of public expenditure. In essence, this third principle establishes an important obligation of the State, which used only if strictly comply with any and all tax revenues collected by the integration a national budget whose content is widely disseminated among the population.

can cite the following decisions of the Supreme Court of Justice of the Nation:

"the circumstance or fact that a tax has a specific order determined by the law that establishes and regulates, not removed, nor can change, nature must be for the same tax expenditure, it suffices to check the Expenditure Budget of the Federation, to realize how each and every one of the screeds of this, they have specific purposes such as construction are commonly hydraulic works, national or neighborhood roads, bridges, streets, sidewalks, salary payments etc. .. "

" Public spending and constitutional doctrine has social meaning and scope of public interest, and is and will be spending the amount raised by the federation through taxation rights, products, and land use, is intended to satisfy the powers of the state related to the collective needs or social or public services. "

d) Principle of proportionality and equity

The conceptual significance is the most important in determining the guidelines core of our tax system, are entered in section IV of Article 31 which states The obligation to contribute to public expenditure must do "for the proportionate and equitable manner as the laws."

is considered that the main feature that should have all tax law is to establish or tribute that is precisely proportionate and equitable. There was no simple task to determine exactly when it is a proportionate and equitable tax.

According to Article 31 of our Constitution, in Section IV tells us that the constitutional validity of a tax requires the fulfillment of three conditions: firstly that it is proportional, equitable second and third that intended for payment of public expenditures. If any of these requirements, the tax will be contrary to the provisions of the constitution as a power not granted unlimited.

For better understanding an explanation of each of these items separately:

Principle of proportionality:

"ratio is the provision, agreement or correspondence due to the parts of a thing with the whole or between inter-related things"

can say that proportionality is the correct distribution fees, charges or fees under the tax laws and economic capacity of taxpayers burdened by it. Means that taxpayers must contribute to public expenditure in terms of their economic capabilities, giving the Treasury a fair and adequate income, profits or income, but never to an extent that their contribution represents almost the total net income which they received, as in this case would be using the tax as a means for the state to seize goods to the public. Charges should be consistent with the economic, people with high incomes are taxed in a qualitative way above the middle, and limited resources, this principle is closely connected with the economic capacity of taxpayers, which should be taxed differentially subject to progressive rates in each case is different heritage impact not only in quantity but in regard to more or less sacrifice, reflected qualitatively in the appropriate asset reduction, which must be based on revenue.

In conclusion, the principle of proportionality is built into our tax law based on the following three key elements:


economic capacity of citizens to ensure that each contribute qualitatively in terms of that capacity.


A fair and adequate income, profits or income received by each cause as a factor in setting the tax base.


sources available and existing wealth in the country, among which must be distributed in a balanced way all the tax burden, in order that there be only one or two of them who support its entirety.

PRINCIPLE OF EQUITY:

In fairness, we mean "equal mind, a feeling that compels us to act in accordance with the duty of conscience, rather than the mandates of justice or the law"
De
According to the Aristotelian sense, equity means the application of justice in individual cases, you get treated like the equal and unequal to those who are not under equal circumstances "

This will mean equality before the tax law itself all taxpayers the same tax, so in these circumstances, should receive equal treatment with regard to causation hypothesis, accumulation of income taxable income, deductions, payment schedules, etc., should only apply tax rates vary according to the economic, equity, equality serves in the regulation of all components of the tax or contribution, with the exception of rates, fees or fees. ie legal and tax rules must not discriminate.

DIFFERENCES:

PROPORTIONALITY	EQUITY
Heed the economic capacity of the taxpayers and the proper distribution of tax burdens.	Refers specifically to the problem of equality before the law causes.
This connected with the country's general economy	is related to the specific position the taxpayer against the tax law.
Serves mainly to the rates, fees or tax rates.	It deals with the other elements of the tax.
d should be guided by criteria escalation	is always based on a notion of equality
pursues the achievement of justice in the entire tax system.	is the quintessential application of justice in individual cases.
Search inequality to a greater economic impact As people with higher incomes.	equals means treating equals unequally and placed in an unequal situation.
there in terms of revenue collection	Exclusive is that they are bound to a particular situation which are within the provisions of the law.
regulates citizens' ability to pay	serves the normative hypotheses of birth and period for payment of contributions.
is directly linked to the whole of the contributions required to finance public expenditure.	regulation is related to fair and adequate collection procedure itself.
Opera in response to taxpayers' ability to pay	only operates with respect to persons who are taxable persons of the same tribute, should have equal status before the law.

PRINCIPLE OF LEGALITY

Our supreme law confirms the basic tenet of tax law concerning tax that every relationship should be conducted within a legal framework that establishes and regulates it. So you are referring to the "cornerstone" of the discipline studied, expressed through famous Latin aphorism: "nullun tributum sine lege (no tax can not be valid without a law that source)

Only The law allows the owners know in advance how far their responsibility to contribute to the maintenance of the status and what rights can be asserted against the possible abuse of the Treasury. So the existence of legal and tax rules is the best barrier puede oponerse a la actitud arbitraria de quienes, detentando el poder público, pretenden utilizar el derecho que el estado tiene de exigir aportaciones económicas de sus gobernados como pretexto para hacerlos víctimas de toda clase de abusos y confiscaciones.

Los dos enunciados a los que obedece el principio de legalidad son:


la autoridad hacendaría no puede llevar a cabo acto alguno o realizar función alguna dentro del ámbito fiscal, sin encontrarse previa y expresamente facultada para ello por una ley aplicable al caso.


Por su parte, los causantes sólo se encuentran obligados a cumplir con los deberes que previamente y expresamente facultada pueden hacer valer ante el fisco the same rights accorded by law.




DEFENSE MEDIA.

The six constitutional principles just discussed represent a guarantee for every citizen to defend against possible arbitrariness of the tax legislation, whenever a tax legal standard in any way the contrary is deemed automatically to be unconstitutional and therefore invalid, legal.

principles outlined here are based on Article 31 Section IV of the Mexican Constitution.

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CONSTITUTIONAL PRINCIPLES ON FISCAL

PROBLEM:

One of the two pillars of the tax law is constituted by the so-called principle of constitutionality, which involves the submission to the essential features of the legal order.

There must always be a clear subordination of the tax law to the constitutional provision which demonstrates that the issue has complied with the first, the rules derived from the legislative hierarchy.

Our fundamental laws, since the remote times of national independence. Has sought, as demanded Adam Smith, the Mexican tax system structure on the principles of justice, fairness and proportionality, considering not only the good of the state but also in protecting citizens' rights.

The l Article 31 of the constitution promulgated on February 5, 1857 established the fundamental principle:

Article 31 EC: " 1. All contribute to sustain public expenditure according to their economic capacity through a fair tax system based on the principles of equality and progressive, in no case shall a confiscatory scope.

2. Public expenditure shall make an equitable allocation of public resources, and programming and implementation comply with criteria of efficiency and economy.

3. May only be imposed for personal or public property under the law. "

constitutional principles of taxation to be speaking are:

principle of generality.

binding principle.

principle link with public expenditure.

Principle of proportionality and equity.

principle of legality.

And each is:

a) TOP Of generality.

is a direct result of tax law, all taxes to be valid and effective must be provided in a law.

Speaking of generality in the legal sense, we have perforce to make an important distinction between this concept and the consistency with which it often is confused. It is said that a law is general when it applies without exception to all persons who are placed in the various scenarios that may be established by regulations, that and rightly states that the laws are aimed at "an unnamed plurality of subjects "All those who submit at any time a normative assumption. A provision is uniform when it should apply to all equally and without distinction of any kind to all persons placed under the authority or jurisdiction to whom issued. It is estimated that the General Tax Principle can be stated saying that, they are obliged to pay those taxes, physical or moral, for whatever reason or circumstance to be located in any of the policy assumptions provided for in the tax laws, conducting accordingly for the tribute event in question.

does not mean everyone must pay tax, but those able to pay.

b) STATEMENT OF MANDATORY :

This duty is linked to the general principle, means that any person who is located in one of the premise established in a tax law issued by the Mexican state, it automatically becomes liable to cover the corresponding tax, within the same law established.

must insist that the taxes or contributions are tax revenues that the State indispensably required for the development of their activities. The principle of compulsory taxation matters must be understood in terms not of the simple existence of a duty incumbent upon the taxpayers of the juridical and tax, but as a genuine public duty, whose failure can derived severe consequences for individuals. Contributing to the maintenance of public expenditure is by no means a funny gift or voluntary contributions, is a real financial sacrifice so that you can have a range of public and collective welfare projects, so our Constitution is imposed on mandatory basis, as civic duty of public order, and it gives the state the appropriate legal instruments to ensure their full force and fully implemented.

c) STATEMENT OF RELATIONSHIP WITH PUBLIC SPENDING:

Article 31 of our Constitution that governs us, he says, " are obligations of the Mexicans: IV .- contribute to public expenditure and of the federation, as states and municipalities where they reside ... "

tax revenues are intended to pay for public services the state provides, for that such services should make to a particular benefit equivalent to the contributions and would be illogical and unfounded that the state will permanently require his subjects, a number of contributions without providing anything in return. It is arguable that no citizen would agree to help support a state that refused to meet basic social needs, this is the main cause of tax evasion taxes.

ancient and recent history shows that bad rulers, who have diverted public funds have been immediately identified as corrupt, dishonest and have been the cause of divorce.

our Constitution imposes on governments the duty to earmark contributions exclusively to the satisfaction of public expenditure. In essence, this third principle establishes an important obligation of the State, which used only if strictly comply with any and all tax revenues collected by the integration of a national budget whose contents are widely spread among the population.

can cite the following case Supreme Court of Justice of the Nation:

"the circumstance or fact that a tax has a specific order determined by the law that establishes and regulates, not removed, nor can change, nature must be for the same tax expenditure, it has only to consult the Expenditure Budget of the Federation, to realize how each and every one of the screeds of this, they have specific purposes, as they are commonly waterworks construction of national roads neighborhood, bridges, streets, sidewalks, payment of salaries etc. .. "

" Public spending and constitutional doctrine has social meaning and scope of public interest, and is and always will be spending the amount raised by the federation through taxation rights, products and uses, is intended to satisfy the powers of the state relating to collective or social needs, or public services. "

d) Principle of proportionality and equity conceptual

Its significance is more important to determine the essential guidelines of our tax system, are entered in section IV of Article 31 which states that the obligation to contribute to public expenditure must do "for the proportional and equitable way provided by law. "

is considered that the main feature that should have all tax law is to establish or tribute that is precisely proportionate and equitable. There was no simple task to determine exactly when it is a proportionate and equitable tax.

According to Article 31 of our Constitution, in Section IV tells us that the constitutional validity of a tax requires the fulfillment of three conditions: firstly that it is proportional, equitable second and third that intended for payment of public expenditures. If any of these requirements, the tax will be contrary to the provisions of the constitution, and not granted a power unlimited.

For better understanding an explanation of each of these items separately:

Principle of proportionality:

"ratio is the provision, agreement or correspondence due to the parts of a thing with all things related or between each other"

can say that proportionality is the correct distribution fees, charges or fees under the tax laws and economic capacity of taxpayers burdened by it. Means that taxpayers should contribute to public expenditure in terms of their economic capabilities, contributing to the Public Finance a fair and adequate income, profits or income, but never to an extent that their contribution represents almost the total net income which they received, as in this case would be using the tax as a means for the state to confiscate property citizens. Charges should be consistent with the economic, people with high incomes are taxed in a qualitative way above the middle, and limited resources, this principle is closely connected with the economic capacity of taxpayers, which should be taxed differentially according at progressive rates in each case is different heritage impact not only in quantity but in terms to a greater or lesser sacrifice, reflected qualitatively in the appropriate asset reduction, which must be based on revenue.

In conclusion, the principle of proportionality is built into our tax law based on the following three key elements:

economic capacity of citizens to ensure that each contribute qualitatively in terms of that capacity.

A fair and adequate income, profits or income received by each cause as a factor in setting the tax base.

sources of wealth available in the Country, among which must be distributed in a balanced way all the tax burden, in order that there be only one or two of them who support its entirety.

EQUITY STATEMENT:

In fairness, we mean "equal mind, a feeling that compels us to act in accordance with the duty of conscience, rather than the mandates of justice or the law"

According to the Aristotelian sense, equity means the application of justice in individual cases, you get treated like the equal and unequal to those who are not in equal circumstances "

This will mean equality before the same tax law to all taxpayers the same tax, so in these circumstances, should receive equal treatment with regard to causation hypothesis, accumulation of taxable income, deductions, payment schedules, etc., should only vary the tax rates applicable according to the economic, equity, equality serves in the regulation of all components of the tax or contribution, with the exception of fees, dues or fees. ie legal and tax rules must not discriminate.

DIFFERENCES:

EQUITY Exclusively

PROPORTIONALITY
Attends economic capacity of the taxpayers and the proper distribution of tax burdens.	Refers specifically to the problem of equality before the law causes.
This connected with the country's general economy	is related to the specific position the taxpayer against the tax law.
Serving mainly to rates, fees or tax rates.	It deals with the other elements of the tax.
Should be guided by criteria d escalation	is always based on a notion of equality
pursues the implementation of justice throughout the national tax system.	is the quintessential application of justice in individual cases.
Search inequality to a greater extent economically affect people with higher incomes.	equals means treating equals unequally and placed in an unequal situation.
there in terms of revenue collection	is that they are bound to a particular situation which are within the provisions of the law.
regulates citizens' ability to pay	serves the normative hypotheses of birth and period for payment of contributions.
is directly linked to the whole of the contributions required to finance public expenditure.	regulation is related to fair and adequate collection procedure itself.
Opera in response to taxpayers' ability to pay	only operates with respect to persons who are taxable persons of the same tribute, should have equal status before the law.

PRINCIPLE OF LEGALITY

Our supreme law confirms the basic tenet of tax law concerning tax that every relationship should be conducted within a legal framework that establishes and regulates it. So you are referring to the "cornerstone" of the discipline studied, expressed through famous Latin aphorism: "nullun tributum sine lege (there can be no law without a valid tax that source)

law only allows the owners know in advance the extent of his obligation to help support the state and what rights can be asserted against the possible abuse of the Treasury. So the existence of legal and tax rules is the best barrier that can oppose the arbitrary attitude of those who hold public power, they intend to use the state law is to require financial contributions of the governed as a pretext to make victims of all kinds of abuses and confiscations.

The two statements to which obeys the rule of law are:

the tax authorities can not carry out any act or perform any function within the tax area, without being previously and expressly authorized to do so by a law applicable to the case.

For its part, the causes are only required to comply with its duties expressly authorized in advance and can be claimed before the tax authorities that the same rights accorded by law.

DEFENSE MEDIA.

The six constitutional principles just discussed represent a guarantee for every citizen to defend against possible arbitrariness of the tax legislation, whenever a tax legal standard in any way the contrary is deemed unconstitutional automatically and therefore invalid, legal.

principles outlined here are based on Article 31 Section IV of the Mexican Constitution.

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EVENTS AFTER THE ENACTMENT OF THE CONSTITUTION OF 1857. SECOND

Benito Juárez ruled from 1858 to 1872, year of death after Porfirio Díaz who ranked power.

So the time known as Porfiriato covers the period between 1876 and 1911. This stage is characterized the suppression of freedoms and a government that did not respect the law. Peasants, indigenous groups and other popular sectors were in misery, while a few Mexicans and foreigners were owners of wealth the country. Under these conditions

born Mexican Revolution in 1910 where Madero demanded:

Obedience constitutional laws of 1857 and respect the vote of the citizens.

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CONSTITUTION: The Constitution Analysis

With the fall of Iturbide had begun to spend the conflicts between the current federalist-republican and democratic inspiration, and central defender monarchical privileges. The political conflict flared between the constitution of 1824 instituted the office of President Republic for those who prove winner in voting, and the vanquished vice president, leading to numerous clashes between federalists and centralist.

That was a time of rebellion and dismissals presidential election nullification and interim president that included Manuel Gómez Pedraza, Vicente Guerrero, Anastasio Bustamante, Antonio López de Santa Anna and Valentin Gomez Farias, among others.

In January 1835, with Santa Anna in the presidency by second occasion, the Congress, most conservative centralist, began developing the basis for a new constitution, known as The Seven Laws , which would end the federal system. The first law was enacted in December 1835, the second in April 1836 and the other in December of that year. [6]

With this system the country was divided into departments , these districts and Match districts. Among other provisions, set the presidential term of eight years and established a Conservative Supreme Power, responsible only to God, empowered to declare invalidity of a law or decree, the inability physical or moral President of the Republic, and the closure of Congress.

The internal strife between federalist and centralist Liberal Party Conservative Party did not cease. Also hit the country the separation of Texas, in 1840 an attempt was made to proclaim the independence of Yucatán, the threat of foreign invasion, popular discontent with the arbitrariness of Santa Anna and the chance to try it establish a constitutional monarchy.

In April 1842 the Congress formulated a project for a new constitution in which the deputy Mariano Otero proposed a republican government, representative, popular, and federal as well as a system representation of minorities which caused great discontent conservative faction which resulted in several clashes, as Congress was dissolved. Only until June 1843 passed a new Magna Charter, called Organic Bases Mexico.

These bases, which were only into force three years, reiterated the country's independence, the political organization Centralist Republic and abolished the supreme power that was leading Conservative Santa Anna himself. It established the death penalty and restricted press freedom of , confirming that the country protected and professed the Catholic religion.

The election of representatives was indirect, that is, they divided the sections population of 500 inhabitants , they will choose a primary voter, voters named this side, which were Electoral College, which in turn elected the members Congress. The executive had a right shown veto laws. In full

war with the U.S., the country divided into opposing political groups and to surveys for re-enforce the constitutional arrangements of federalism the May 10, 1847, in Constituent Extraordinary Congress approved the Articles of Incorporation and Amendments. Thus federalism was restored, formally since the Constitution of 24 had replaced the centralist constitution known as Organic Bases since August 1846, but with various modifications to avoid falling back into political conflict. For example, contemplated that the legislative, executive and judiciary "can and should only do what the Constitution provides as power and imposed as an obligation."

The Reform Charter and established individual rights for all inhabitants of the Republic, abolished the office of vice president and adopted direct elections for deputies, senators , President and members of the Supreme Court. In addition, empowered Congress to override state laws that implied a violation of the federal agreement, and implemented the rights of petition and under [7].

After revolutionary movement led by Juan Alvarez, which ended with the signing of Ayutla Plan, in which the government is unaware of Santa Anna, was called an Extraordinary Congress, meeting in the city of Mexico in February 1856.

A year later, on February 5, 1857, was approved or certified the new constitution by the constituent congress and President Ignacio Comonfort.

"The rights of man are the base and the object of social institutions, "the Constitution, and its precepts emphasize the maintenance of federalism, the abolition of slavery the freedoms of work of property of expression of ideas, press, association, petition and trade . Similarly, states that are citizens entitled to vote all Mexican men who are 18 years if married 21 if not.

The new constitution failed to stabilize the country. Comonfort himself ignored a months after enactment, to join the rebellion of Ignacio Zuloaga, to a coup and jailing several people, including Benito Juarez, then president of the Supreme Court of Justice and who legally was for the presidency in a case like this.

The rebellion led to the War of Three years or War of Reform, among conservatives who know the constitution and the liberals who defended it. In the end, the Liberals, led by Benito Juárez, triumphed. In the course of the war, it issued a series of systems known and Law Reform, among which are those that establish the separation of Church and State.

The Constitution of 1857 was, in fact, a fundamental element in the national defense against French invasion and the empire of Maximilian of Hapsburg. Was fully effective after the expulsion of foreigners and remained in force until 1917.

Main provisions of the liberal constitution promulgated on February 5, 1857.

* Mexico was established as a Republic, Representative, People's Federal.

* It adopts the principle of separation of powers.

* Freedoms are recognized Education and guarantees of liberty, property, security and Popular Sovereignty.

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1857

Some economic aspects and, above all, the territorial organization of the State, are the most original of the present English Constitution.

defined the form of state titles in the Constitution relating to the rights of citizens receive a strong boost from Socialist rapporteur, which requires the careful enumeration and not simply to refer to international treaties. Also
economically and socially, the Constitution is influenced decisively the left wing, even defining the English economic system as a social market economy, as in other Western countries, a number of articles about, for example, the access of workers to ownership of the means of production, the subordination of wealth to the general interest in planning. Rhetoric inspired by the recent revolution of the carnations Portuguese and has never been applied. Very progressive
Title IX is also mainly due to Gregorio Peces-Barba, according to which it public authorities to ensure equal rights for all English . However

is the title VIII, concerning the territorial organization of the State , the most original, debated, and ultimately ambiguous. These include the strong nationalist claims Basque, Catalan and Galician and Valencian emerging, Canary Islands and Andalusia, the latter no historical or geographical meaning of the other, but encouraged by the PSOE. And this inclusion of claims must satisfy both those who feel different from others and the principle of equality of all citizens.
The Basque situation is complicated. Nationalists demand in 1977 (as in 1998) the restoration of privileges previous to 1839, for which the Basque Country enjoyed a shared sovereignty with the English monarch. On the other hand, which in 1839 was left to the three Basque provinces is an economic agreement , ie special treatment from the rest of Spain in regard to taxes. Franco after the Civil War, abolished this concert to Vizcaya and Guipúzcoa, which have opposed the invasion, while it still allowed in Álava, immediately joined the uprising.
's solution to all this the 1978 Constitution is: " Constitution is based on the indissoluble unity of the English nation, common and indivisible homeland of all English, and recognizes and guarantees the right to autonomy of nationalities and regions which comprise and solidarity among them all. " Apart from the lengthy discussions leading to accept the term nationalities, this text does not differentiate the degree of autonomy that can reach a nationality and region, also are not defined or individualized.
also described in another article, two different rates for the state to provide this autonomy, but not close the issue of differentiation. The Constitution proclaims
respect for the historical rights of the territories Councils (plus the three Basque provinces, Navarra let's not forget), but does not specify what these rights.
The constitutional Francisco Rubio Llorente wrote that "it is a concept in a sense provisional, which does not include, or to accept it or to reject, Catalan and Basque vision ... In this fundamental end, our Constitution is still open, unfinished, "which in itself is not negative.

http://www.vespito.net/historia/transi/anconst.html

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social Constitutionalism

social constitutionalism is inclusion movement in the written Constitution of the nations of social rights, or second generation refers to the constitutional engineering, which seeks social development. The social constitutionalism is a universal movement that began with the adoption of the Constitution of Mexico, 1917, a direct result of the Mexican Revolution and in Germany with the Constitution of the Weimar Republic in 1919.

The creation of the International Labour Organization (ILO) in 1919, with tripartite management of governments, unions and employers, and invocations of the Preamble to the Constitution of global validity, strengthened the demand for workers throughout the world to include social rights in national constitutions.

Virtually all constitutions in the world, reorganized their texts, to pick up the rights and guarantees that characterized the social constitutionalism and reorganize the State to actively orient toward those ends.

social constitutionalism is a consequence of the industrial revolution, the emergence of the working class and union organization and workers' parties, to claim specific rights of labor. Social constitutionalism and constitution of the welfare state that characterized the twentieth century are inseparable process. Labour Law constituted the core of the welfare state. In the U.S. the process was known as New Deal, a term which literally translated means "New Covenant", but that is closer to the idea of \u200b\u200b "new social contract" .

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This Person Completed Community Service Letter

We say that the history of right is a discipline designed to the knowledge of systems legal. Referring to rights of times past, the historian just may, if you do history consider these in their uniqueness and individuality characteristics, ie as cultural products have once existed and not be repeated ever.

The legal sociology can also refer to the legal systems of the past, but when it does, apply to study the same method a completely different, and not direct its interest to what those have of individual systems, but the causes and determinants of their appearance or their changes.

"Legal history will put us clear events production and modification of the law in its real individuality, will offer movie of development of the right embedded in the rest of the historical facts. The sociology law will deal with, not on succession of unique events in a particular historical process, but upon social reality the right and on the provision and operation general factors involved in its management and evolution .

Also emphasizing the above I can say these are the bases for to settle and capture in the constitution policy of usa Mexican individual guarantees are nothing more and nothing less than the rights and obligations each one of Mexicans have.

On the relationship with the with tourism should be noted that there are various articles we talk more about it, which a little later explained in more detail and they were to follow in chronological order with explanation about pampering. GOAL

Regarding the general objective should be noted that it is very important to know our guarantees in order to understand, explain and make them known, and that as future service providers have required to get to know our country so later sell the services.

For legal purposes we must not forget the following: 1

peace, harmony and order.

2 .- Keep peaceful coexistence between men.

3 .- Get justice and general welfare.

4 .- The common good. CONTENT

individual and social.

The statement of individual rights is divided into three parts: equal rights , freedom and security legal.

In the current Constitution Equal rights are for

• Enjoy all individual guarantees granted by the constitution.
• Prohibition of slavery . Equal rights
• without distinction. Ban
• titles of nobility. Ban
• jurisdictions.

guarantees of freedom are divided into three groups :

• Freedoms Human person.
• Freedoms Physics.
• Social Freedoms.

The freedoms of security are:

They relate to: the right of petition, denial of right only through trial , Only with a warrant arrest, right to effective administration of justice, etc..

But what we that interests us as service providers and as future managers tourist companies are the following items will list below and then give their respective explanation and we compared with the explanation of another author:

1 A law for every individual

Article 5 of work

Section 9 of association and meeting

Section 11 of Article 1

transit

Constitutional

"In the States Mexico every person shall enjoy the guarantees granted by this constitution, which shall not be restricted or suspended except in cases and under the conditions established therein "

Burgoa

SAYS: It establishes a specific individual guarantees of equality, since it considers enabled and able to all men without exception, be in possession of individual rights public instituted by itself Law fundamental, scope personal this specific guarantee of equality extends, as the 1 of the constitution , every individual, that is, to every human regardless congenital your specific condition (race, sex , etc.) or acquired. Now the same article 1 of the Constitution states that individual rights may be restricted or suspended in cases and under the conditions that the system supreme states, thus implying the abolition of individual guarantees a radical transformation of state legal system, since it was erected in totalitarian state in the modern sense of the word, the Congress and the legislatures of the states has no power to suppress ; can, yes, modify or restrict them, but always retaining its essential purpose of guardianship. (261 and 265)

Article 5.

No person can be prevented from engaging in the profession, industry, trade or work that fits, it is lawful. The exercise of this freedom only be forbidden by judicial determination order when the rights of third parties, or by administrative order, issued in the manner provided by law, when they hurt the rights of society .

Nobody can be deprived of product of his labor except by judicial decision.

determined by law in each State what are the professions that need title for its exercise, the conditions to be met to obtain and the authorities to grant them. No one shall be compelled to render personal work without just compensation and without their full consent, except work as a penalty imposed by judicial authority, which shall comply with the provisions of Sections I and II Article Article 123

As for utilities may only be required in the terms established by law respective the weapons of and jury, and the performance the council offices and popular choice directly or indirectly. The electoral and census work, have character compulsory and free. professional services of social character shall be compulsory and paid according to the law and exceptions to this point.

The state can not allow it to take effect any contract, covenant or agreement having for its object the restriction, loss or irrevocable sacrifice of the freedom of the person, whether because of work, education or religious vote.

The law, therefore, does not allow the establishment of monastic orders, whatever their denomination or purpose in seeking to establish itself.

can not legally agree to the person agreed upon its proscription or exile, or temporarily or permanently renounce to exercise particular profession, industry or trade .

employment contract only obliged to provide the service agreed by the time fixed by law, not to exceed one year to the detriment of the worker , and not extending in any case, the waiver , loss or impairment of any political or civil rights.

Lack of compliance with the agreement, so the worker shall only render him the appropriate civil responsibility, but under no circumstances may they be coerced about him. Burgoa

SAYS: The freedom to work is one of the most guarantees contribute to the realization of human happiness, as it resolves all the teleology of man within a normal field. In effect, the individual generally tends to play the activity that is in accordance with whether idiosyncrasies, their natural inclinations and innate, is why the freedom to work, conceived as the power that an individual has to choose. occupation most suited to their fine get vital. (P. 204)

my opinion that this article is nothing more than the freedom to work in the area that we like the win as this within the law to perform any work.

ARTICLE 9 shall not be abridged the right to assemble or associate peaceably for any lawful purpose, but only citizens of the Republic may do so to take part in political affairs. No armed meeting is entitled to deliberate.

not be considered illegal, and may not be dissolved, an assembly or meeting that is intended to make a request or lodge a protest against any act of an authority, if not utter slander against it, or makes use of violence or threats to intimidate or force it to respond in the manner desired. Burgoa

SAYS: Freedom of assembly and association, the individual security concerns two species of freedoms: of assembly and association. Thus, we must define the two, setting their characteristics and differences.

The right of association means any individual having authority joining to form a entity or person moral . (380)

my opinion that in this country are free to make the association you want as it is within our individual rights and this indicates that we can meet if it is free and peacefully. ARTICLE 11

All man has the right to enter the Republic, leave it, travel through its territory and change his residence without security letter, passport, safe-conduct or other similar requirements.

The exercise of this right shall be subject to the powers of the judicial authority in cases of criminal or civil, and administrative authority, as concerns the limitations imposed by laws regarding emigration, immigration and general health Republic, or undesirable aliens resident in the country. Burgoa

SAYS: It should be noted that freedom of transit, as an individual guarantee that the constitutional provision establishing discussed, relates only to physical displacement or mobilization of the governed. Therefore, this freedom does not include the provision of any service , or exclude the power of the authorities federal or local . (399)

all Mexicans have the right to leave and that no law can force us not to travel as long as you stick to rules and limitations that the laws we mark in time.

This leads me to say that: a feature of the law is to be mandatory, as this article tells us the freedom to travel but the following law tells us

"Compulsory law should met even against the will of the people "Garcia írez Ram, Sergio," Constitutional Law ", Twenty-third edition , Editorial: UNAM, 1991, Pp 459

CONCLUSIONS

Each and every one of the articles noted above have only one purpose, which tells us or give us to meet our obligations and rights we have as Mexicans.

This type of obligations and rights are of paramount importance since it bears the work of men who made the constitution but some say the constitution is outdated and needs reform, I think it is true, but in turn these are are given as the years pass and experience tell us what good and bad of it.

The constitution is very important Because it is a human need, as this in Mexico is very important because thanks to the Constitution is where find guarantees, warranties word means something that protects against any risk .

Thus, individual rights by the faculty consists of individuals, where such securities are classified as Equal, property, freedom and security. However

and given the conclusions hope this clear my work and my point of view clear and objective about individual rights and its relationship with tourism or providers of tourist services.

only remains for me to say "THANKS"

Gastrointestinal Virus Toddler

The Principles of Individual Rights Protection Judgement

The man must be free to attain happiness, but as living in society, creating self-limited cause your behavior, and emerging standards and self-determining adopting a system of life, giving the types of state may be Republican, Monarchy, etc., and setting all this in a document that will be the constitution of individuals.

And it is necessary, since men have established that there is an entity over which obliges them to respect certain standards, this justifies the existence government since the raison d'être of the latter is to be guardian of the standards that the individual in the exercise of their freedom has been implemented, when the governor is not fulfilling its task entrusted to him and abuse as a superior body The defense means society needs to ensure the legal rules established to better relations between children and between rulers and ruled.

The amparo is a constitutional procedural means Mexican law, which is specifically designed to make real, effective and practical, the individual guarantees established in the Constitution, seeking to protect the acts of all authorities regardless of rank, including the highest, if they violate these guarantees. Is regulated by the Constitution and the Law on Amparo, regulations of Articles 103 and 107 of the Federal Constitution.

is based on the idea of \u200b\u200blimiting the power of government authorities, which legal and logically from the decision of sovereignty in the first articles of the Constitution guarantees human rights. Only the acts issued by the Supreme Court and as well as acts related to electoral matters are outside the action.

trial is defined as a sui generis constitutional and legal ward, whose sentence does not make statements but only generally be realized to support and protect the complainant restored to the enjoyment of the security breached. Its purpose is to protect the constitution, namely that the authority really see what it establishes.

In this present work for further understanding Amparo establish and define some of the so-called principle of protecting, they are:

A set of legal rules, the principles that regulate both the preparation and appropriate action the procedure of the proceedings concerned, the decision to promulgate and enforcement of judgments for defense.

under principles is called a group of institutions process laid down in Article 107 of the Constitution of the United Mexican States and the law school, serving as a basis or foundation for the exercise of the writ of amparo and the sentence it handed down.

Among the most important and briefly define the following letter are:

parte Top aggrieved

Principle of existence of a direct personal insult

judicial prosecution principle of relativity principle

Case

finality principle of strict law principle

origin principle under the principle of substitution

the complaint deficient

Amparo Principles Principle

instance

aggrieved party

angular Principle under, through this principle is enshrined in constitutional action in court, appears first time in 1857 constitution in Article 102, Article 107 currently first fraction:

Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and

legal forms prescribed by law, according to the following principles:

I. The injunction will continue always at the request of the injured party

Therefore shall the protection provided at the request of parties and never trade.

exercise under the action applies only to the individual or corporation is deemed to have been affected by an act of authority.

The Supreme Court mentioned that the principle of initiative or request of a party:

"... makes the trial ever to operate informally and, therefore, to be born is essential that someone promotes, principle which becomes obvious when one considers that the monitoring procedure, as trial is, can only come to life through the exercise of legal constitutional action the governed, which attacks the authoritarian act deemed detrimental to their rights ...".

is also stipulated in Article 4 of the Law of Amparo

Article 4 Protection Act. "The injunction can only be promoted by the party who harms the law, the international treaty, the regulations any other act that is claimed, can do it, by its representative, through his counsel, if it is a criminal case by a relative or stranger in cases where the law expressly permits, and can only be followed by the victim, his legal representative or advocate. "

This principle is essential, as the governed is the holder action, ie that the individual (individuals and corporations and bodies than the federal and state) are available to the instrument that is the injunction to enforce their individual rights. Top

existence of a direct personal insult

The damage suffered by the Governor in his sphere of rights by the official act or act in question is called a tort. This must be personal, ie, falling in a specific person, it must also be direct, affect the legal rights of the plaintiff, furthermore, their attainment past, present or future impending execution "must be true. The legal standard to follow to have close ties, is in the sense that the injunction can only be followed by the party who harms the act or law that is claimed.

Nature of grievance: a grievance that there needs to be:

* personal, falling on a person or entity.

* Direct, ie carrying past, present or imminent future

* material, is the damage it causes an authority (violation of guarantees)

What is tort?

Literally the word tort has among its meanings the offense or harm that is done by someone of his rights or interests. Second Board

SCJN

INJURY TO THE EFFECTS OF AMPARO. The concept of injury for purposes of protection, should not be taken in terms of civil law, or as the lawful deprivation of any gain that may have been obtained, or impairment in equity, but as synonymous with offense is made to the rights or interests of an individual.

What is a personal grievance?

is "personal" to the extent that the damage must be caused to an individual or concrete, not abstract, which is identified as the owner of the right violated.

What is meant by direct injury?

From the perspective of our subject, we might consider that the grievance is straightforward if the authorities act immediately because of injury to the victim. Full Court SCJN

INDIRECT TORT. The indirect tort no right to suffer it to appeal to the injunction. To explain the above criteria, it is convenient to transcribe the record in relation to the injury as a basis under which the Supreme Court has held in the sense that a correct interpretation of section IV of Article 73 (today fraction V) Ley de Amparo, leads to the conclusion that it must be requested specifically by the person believes will cause you trouble by the deprivation of any rights, ownership or property, because the legal interest such fraction talking can not cover anything but the title corresponds to the complainant, in relation to the rights and possessions violated, and although injuries such natural rights is mediate or bring immediate impact on the heritage of others, are not they who have a legal interest in promoting the protection.

It is based on Article 103 of the Constitution.

Article 103. The federal courts decide all controversies that arise:

I. From laws or acts of authority that violates the guarantees individual.

II. From laws or acts of the federal authority restricting or encroaching on the sovereignty of States or the competence of the Federal District, and

III. From laws or acts of State authorities or the Federal District that invade the purview of federal authority.

Because the tort requires is detrimental to the complainant, the first sentence of Article 4 of the Amparo Act serves as the primary legal basis for the grievance:

Article 4. "The injunction can only be promoted by party who harms the law, the international treaty, regulation or any other act that is claimed ... "

The act in question is the source of grievance to the complainant. In turn, the injury is the basis of legal interest in the protection, since, in essence, this is the legally protected right, the violation of which entitles its holder to sue in federal courts that order the authority to the restitution of individual security breached. Top

judicial prosecution

states that the protection being considered as a real trial, it will have to lead to the determination thereof, shall contain all the procedural steps and forms, beginning with a lawsuit, the answer to the complaint (report prior or justified) filing authority (ordering and executing) tests as laid down under law, allegations that were verified in the constitutional and finally hearing the sentence that may be of three types:

* The absolving, denies relief to the complainant

* The one sentence, orders authority to enforce, ie

granted under that supersedes

*

The relativity principle

Case argues that the decision affects only the parties involved, without the legal possibility that a third party stranger to the process may be harmed or benefited from the resolution.

It is based on Section II of Article 107 of the Constitution and 76 of the Law on Amparo, stating that the judgments of amparo only deal with private individuals or private legal persons or officers who have requested to safeguard and protect limited if appropriate, without making general statements.

Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and legal forms prescribed by law, according to the following principles:

II. The sentence will always be such that only deal with individuals, limited to relief and protection in the special case on which the complaint without making a general statement about the law or act that is based.

In the amparo must supply the deficiency of the complaint in accordance with the directive of the Regulatory Law of Rules 103 and 107 of this Constitution.

When claiming acts that have or may have the effect of depriving of ownership or possession and enjoyment of their lands, waters, pastures and woodlands to suburbs or towns in fact by law or in communal status , or ejido, or communal, should be obtained from office all those tests that can benefit the organizations or individuals mentioned and agreed upon the measures deemed necessary to clarify their land rights and the nature and effect of acts claimed.

In the trials referred to above will not come at the expense of the ejido, or community centers, or ejido, or communal, procedural inactivity dismissal or revocation of the instance, but both he and the other may be ordered in their benefit. When claiming acts affecting the collective rights of the nucleus nor shall the waiver or the consent of one's actions, except that the former is agreed by the General Assembly or the second emanating from it.

Article 76 .- The judgments rendered in the amparo only deal with private individuals or legal entities, private or official who had requested, limited to relief and protection, if any, in the special case which shows the demand, without making a general statement about the law or act that is based.

finality principle establishes that in order to carry out the exercise of the writ of amparo, it must first be exhausted regular remedies provided by law on the subject of the act (usually), this principle is enshrined in sections III and IV of Article 107 of the Constitution.

This principle means that the complainant prior to the filing of defense, is obliged to uphold, in time will make all resources and means regular defense by which the act in question can be modified, revoked or nullified, in the procedure, according to the laws that govern it.

involves the obligation of the complainant to exhaust all means of defense or existing in the law that governs the act in question before starting the action of amparo.

This principle requires the governors to challenge acts of authority using regular resources so that half is under appropriate only in extraordinary form. These regular resources or judgments that must be exhausted, should result amend or repeal the acts which are in dispute, because if you do not have that purpose, its use is not mandatory.

Article 107. All controversies mentioned in Article 103 shall be subject to the procedures and legal forms prescribed by law, according to the following principles:

III. When claiming acts of courts, administrative or work, the protection will only proceed in the following cases:

a) Against final judgments or awards and resolutions to end the trial, for which no appropriate no ordinary by that can be modified or amended, whether the violation is committed in or, committed during the proceedings, affecting the plaintiff's defenses, extending the result of failure, always that civil violation has been contested during the appeal process by regular prescribed by law and invoked as a grievance in the second instance, if committed in the former. These requirements shall not apply in the protection against judgments in disputes about marital status or actions affecting the order and family stability;

b) acts in legal proceedings against the execution of which would be irreparable, outside the trial or after the conclusion, having exhausted the resources where it arises and

c) against acts affecting strangers to the trial

IV. In administrative matters under applicable also to decisions which cause an injury that can not be remedied through any action, suit or through counsel. They need not be exhausted when the law that established them, to grant the suspension of the act in question, higher requirements than the Regulatory Law of Amparo required as a condition of such suspension

V. The amparo against final decisions or awards and resolutions to end the trial, whether the violation is committed during the proceedings or the sentence itself, will be promoted to the circuit court as appropriate in accordance with the distribution of powers established by the

Organic Law of the Judiciary of the Federation in the following cases:

a) In criminal cases, against final decisions of courts, whether federal, common or military

b) In administrative matters, when individuals claim to final judgments and rulings that terminate the trial court ordered by administrative or judicial, not repairable by any action, suit or ordinary means of legal defense;

c) In civil matters, when final judgments claim in federal enforcement proceedings or in judicial business, whether federal or local authority that issued the ruling, or judgments of common order.

civil proceedings in the federal order judgments may be claimed for under any of the parties, including the Federation, to protect their proprietary interests, and

d) In labor, when claiming awards rendered by local boards or the Federal Conciliation and Arbitration or the Federal Court of Conciliation and Arbitration Service Employees

State, the Supreme Court, ex officio or upon request by the corresponding circuit court or the Attorney General's Office, will know of the protections its direct interest and importance so warrant.

VI. In the cases referred to in the preceding section, the law regulation of sections 103 and 107 of this Constitution shall indicate the procedure and terms to be imposed on the collegiate circuit courts and, where appropriate, the Supreme Court, to issue their resolutions;

Because finality is also grounds for inadmissibility of protection, its legal basis lies in Article 73 of the Amparo Act.

Article 73 of the Law on Amparo, fractions

XIII .- Against judicial or administrative tribunals or work for which the law grants a remedy or defense within the procedure, whereby may be amended; revoked or nullified, even if the aggrieved party had not timely asserted, except as Section VII of Article 107 of Constitution provides for unauthorized personnel.

Exceptions to the above arrangement where the act in question pose a threat to life, deportation or exile, or any of the acts prohibited by article 22 of the Constitution, and,

XIV .- When is pending before the courts any appeal or legal defense given by the complainant who may have the effect to modify, revoke or nullify the act in question

The subject of analysis in the injunction constitutes the act in question in relation to individual rights of the petitioner's defense, as they are regarding the unconstitutionality of laws, provided they are from the Congress, state legislatures or assembly of representatives, in the first case understand the federal laws and that that congress issue for the Federal District in connection with the matters reserved for it, regardless of the statute in question or other law differently. Also included are international treaties.

Exceptions to the principle of finality:

Under the direction of impact of the challenged act is not required if resource depletion ordinary acts claimed consist of deportation, exile or any of those prohibited by Article 22 of the Constitution or of the danger of life.

criminal case in the detention order, but if the action was brought to the shelter as appropriate will need to wait for the outcome or it disintieren

In civil matters, processes and work exhaustion is not required the ordinary appeal when the plaintiff was not lawfully called

In administrative matters in administrative matters if the appeal does not provide for suspension or expected to demand more requirements indicated in Article 124 of the Amparo Act.

If you claim a law.

When the act complained of violates the guarantees provided by Articles 16, 19 and 20 of the Constitution.

When the act complained of lack of foundation and motivation. Top

strict law provides that the judge must analyze only guarantees the act in question in light of the concepts of rape or grievances expressed by the complainant or the parties involved and making a decision in line with the approach that will make the matter question.

states that courts must hear the trial of collateral, to resolve them should only address the concepts of rape (grievances) raised in the application without power supply or acts officially claimed, and the very concepts of rape.

The basis of this principle is found in Article 76 of the Amparo Act.

Article 76 .- The judgments rendered in the amparo only deal with private individuals or legal entities, private or official they had requested, limited to relief and protection, if any, in the special case be seen on demand, without making a general statement about the law or act that is based.

origin of the protection principle

This principle which authorities are to be reported in the area of \u200b\u200bprotection, which are hierarchically:

Supreme Court of the Nation

Circuit Court Circuit Court

District Courts can

Today consider that the protection as a means of control can be presented:

Local Competition: Meet the High Court of a State

Federal Competition: Meet the federal courts above

Crime Matters: Meet the International Court of Human Rights

Principle of substitution

complaint of poor

consists of obligation of the constitutional control body not adhere to study and analyze the concepts of rape solely on demand content, but informally enforce any aspect of unconstitutionality in respect of acts warns claimed. It is based on Article 76 bis of the Law of Amparo.

be essential not to confuse the substitution of poor complaint with the error correction that wrong citation or invocation of individual security raped the complainant wish, without changing the facts in the lawsuit.

If the complaint is deficient, the Court of Amparo can or should improve the complaint or claim asserting that the concepts of rape victim not included.

Article 76 Bis .- The authorities are aware of the injunction should fill the gap of concepts of rape in demand, as well as the grievances raised in the resources that this law provides, as follows:

I. - In any matter, when the act in question is based on laws declared unconstitutional by the decisions of the Supreme Court.

II .- In criminal cases, the substitution will operate even in the absence of concepts of rape and inmate grievances.

III .- In respect of agriculture, as provided by section 227 of this Act

IV .- In labor, the substitution is applied only for the worker.

V. - On behalf of minors or incompetents.

VI .- In other matters, when it appeared that there had been against the particular plaintiff or appellant a flagrant violation of the law that has left defenseless. Conclusion

It is important that the principles of the injunction are the foundation on which rests this process as complex and diverse, which has no explanation to serve as a means of defense against acts governed authority of the ruler.

All principles are embodied in our Constitution where standards have been shaped and ruled that the president must also comply with the rights that each of the people of this country have (even foreigners). The constitution is the objectification rules of the popular will is the power to recognize no other power over them and as I established at the beginning of my work, the ruler's duty is to ensure that compliance with the requirements of it, that after However, it is the people's will become the norm, and therefore must be respected.

Thus, as emerges Amparo, to ensure compliance with the rules established by the Constitution and prevent abuses of authority, in its sovereign act.