D and agreement, intentional and / or negligent, receive official about the next event, it is said in proselytizing *:
["We will convene the legislature on Tuesday afternoon to discuss the rules of the unprecedented choice and for the first time in the world of authority of the judiciary", said following the meeting with the chairmen of the Senate chambers Rene Martinez, and Representatives Hector Arce.] **
I do not understand how the people can fall into the arena masistoides frauds. When judicial elections, which are unprecedented in the world besides, they will not amend not only judicial operators who now own, but elections do not affect the judicial system as such.
- Can I fill your mouth, and speak of something unprecedented in the world?
in Latin America are producing a series of major reforms in the judicial sections of the system from the 80'ts. Reforms focused on issues, until recently, thought to be less impossible to be "democratized." As the access to justice, access to the exercise of judicial magistrates, judicial independence, to accelerate the proceedings, media monitoring and control to the bailiffs.
found the author Fiona Macaulay that since the reform Brazilian states:
"Democratization in a society masses with a mobilized civil society creates a set of expectations regarding the ability of the judiciary to perform a wide range of functions. The judicial system working with civil, criminal, labor, electoral and political-military, and to assess the legality and constitutionality of laws and government decrees. Its performance affects issues ranging from national economic policy and micro level drops to facilitate and ensure the citizenship of individuals. "
But just as there are several magnitudes in the administrative-territorial decentralization, are also different intensities on the "democratization" of the judicial system in the world. In fact these two areas (the court because of land) interact in many cases when people give the choice to vote their magistrates court, according to the variable of "natural judge" closest to the voter ***.
However judicial culture that more progress has been dismantling the U.S.. Statistically the author shows us Posse Ignacio Molina:
"The United States is the only country where the people elect the great majority of its judges.
The American people is the law, where ordinary citizens chosen by lot made of the jury, giving justice impartially, and the people elect 87% of the judges of the states within the U.S., which includes judges of the supreme courts of 39 of the 50 U.S. states. "
Exposed that, the ruling could still about arguments for his idea of \u200b\u200b"universal unprecedented innovation" with respect to the "Empire" (USA) just came to democratize the "great Most of the judges, "and thus not all. Thus the designer masistoide think "beat," comparatively ", amounting to the" democratization "of the judicial system (the range of electoral votes), and thinking" improve "so well.
The masistoide with a "good measure" could continue to falsely boasting that "Empire" (USA) only democratized "the vast majority." However, the total loss to the idea of \u200b\u200b"innovation" masistoide underlies the forms of "social control" found in other cultures judicial, historically specialized in the task.
So the same author's research Posse M. you can give to outdo the "new" to masistoide completely, I quote:
"Another interesting case of a country that has made significant progress is Japan, which rose from As a country devastated by atomic bombs to be a world power in just 50 years.
This country also has a particular trait in their political organization.
is the only country where the people vote, ratifying or rejecting the nominations of judges of the Supreme Court of Justice of the Nation, and it is this Cut the payroll who makes the judges to be appointed to lower courts. Operating system since enacted the 1947 Constitution. "
Recall that in the proposed ruling is only guaranteed (EX ANTE ) that "the Legislature will make a pre-selection of applicants," when the Nipponese and innovated a form of "social control" with the power of its people, including the nominated by the Court ( EX POST), they can revoke.
So when you want to babble lies, without the knowledge of the facts, or know-something-is looking to move the people abusing the gullibility and / or resignation, most efforts by employees, the truth will always prevail over the deceptions.
- Will there be a qualitative leap in the judicial system configuration?
In addition, the Selected event / election is something like what was experienced (in terms of expectations) at a time when it was announced the election of prefects, when its interim government had no legislative quality, ill-fated day under the inappropriate name of "autonomy."
what served them prefects have been elected, when the leap was (wrongly given inadequate and unscientific) time later, with the establishment of a State "Tri-segmented", so-called "autonomous."
Bolivian general behavior, as dictated by their idiosyncrasies, it suggests, as in the case of the selection / election of Judges, that only the "Spirit of Law "(Montesquieu), in Bolivia only get to alter" the Act ", but no such" spirit. "
Understanding the Spirit makes these "customary" to the idiosyncracies of the Bolivian crowd.
is not the quasi dangerous "democratization of justice" in its simple variable eligibility of judicial officers, we go as a state to formalize, for example, current doctrine of our legal tradition. Maybe if law school chuquisaqueña ****, and the exercise of this.
Substantial changes are rooted in issues such as the preference of a system not only more sympathetic to the existing case-law (if one were to give way to a sort common law, being benevolent and found a place in the invention of legal pluralism "), but at least, a Constitutional Court does not act as inefficient as to issue a ruling declaring a constitutional decree, and then (years later) contradicting," apologize "in a mere" statement "(in the which recognizes that "failed badly"), and that this (statement) "repent" ... as if it could, under the effect of res judicata as well. Quote:
-Sucre, 5 de diciembre de 2003:
(...)El Tribunal Constitucional en virtud de la jurisdicción que ejerce por mandato de los arts. 120.1ª CPE; 7.1) 54 y sgts. LTC, declara CONSTITUCIONAL el DS 24806 de 4 de agosto de 1997. "
-Sucre, 3 de julio de 2006:
(...)Cabe indicar que la existencia de la SSCC 0114/2003 y 0019/2005 que han declarado la constitucionalidad Supreme Decree (DS) 24,806, of August 4, 1997 and the Capitalization Law, and accordingly have given validity to the joint venture contracts and capitalization contracts signed, nevertheless there is still a debate to be defined also emerged within the heart of the Constitutional Court in its communication of April 7, 2005 , also by Dr. Roca dissenting Aguilera to SC 0114/2003, it was noted that the 24,806 DS should have been declared unconstitutional, omitted because the constitutional provision of Art. ª 59.5 GPP. In any case this issue should be defined and clarified definitively by the said Court. (...)
(...) III.5.Sobre the "debate is not defined" and the statement of April 7, 2005 the Constitutional Court
In this regard it is only to reiterate, as relevant to this case, as stated in this regard in the SC 0036/2006 in which face the same claim, he said: "The Constitutional Court on April 7, 2005, made a 'Necessary Clarification' on the subject, perceiving that ignorance of the foundations of the SC 0019/2005 led to confusion to the public. The statement referred to was never the purpose of assuming resolution whatsoever in this case, as there was for, only to leave this as mentioned above in the Judgement (...) ", ie so that the statement can not be interpreted as a binding decision regarding the application of art. ª 59.7 GPP, because only judgments, declarations and orders of this Court are of that nature, without implying in any way ignore the content of that statement is aimed at clearly identified in the above quotation. "
Finally, the intention behind the "democratization" eligibility of the judicial tribunals can not guarantee that the idiosyncrasies of society, where it seeks experienced, condiga, expectations and outcomes for this purpose. I prefer to personally state that some areas remain protected from popular volition, his passion subjective. Because first, before any company seeking to address, should be reformed, inevitably social idiosyncrasies.
_____________________
* Those who contravene biased by the constitutional and sub-species regulations, which regulate (as if they could, unconstitutionally) the electoral event are the same officers to sell the people a mere criterion of political campaigning with the imposture of the "unprecedented" and "substantive."
*** In the case of states with a Federal way, the sub territorial entities that allow popular vote for the election of judges (state, county, ect.) can do as a prerogative of the legislative power they possess. Without affecting the existence of courtrooms and judges at federal level. behaving sympathetically complex mechanism of linkage between these levels of the judicial system.
Also worth noting that in 2003 the late President Argentine N. Kirchner, with Decree 222, self-limited allocation to appoint judges of the Court Supreme Court. And with that allow public participation on the selection of judicial magistrates.
Again, a variation in the judicial system, American-inspired.
more lights to warn of Argentine development, respect for the "democratization of justice", check your 'ELECTION OF JUDGES OF THE SUPREME COURT FOR THE DIRECT VOTE OF THE PEOPLE ( through elections "nonpartisan") '; Posse Ignacio Molina, 2003.
**** chuquisaqueña Doctors Hernando Siles, David Thomas, Julián Montellano, Hugo Sandoval Saavedra, Manuel Duran Padilla, Carlos Gerke, Rosquellas Rafael García, Raúl Romero Linares, Pastor Ortiz Mattos. Jurists all, and all of national stature, who walked by as much wisdom School of Law, Political and Social Science had in his time in the country, much of which, well and happily agreed on the drafting of the Constitution State 1967. All of the above lawyers, were present during their formation, professional and intellectual production, the two major branches of our civil law, as the first, The Codification of Las Siete Partidas, the second Bolivian Civil Code in force since April 2, 1831, the French court. So the logical solution may be inferred that the form and content of the Bolivian Civil Code of 1976 must necessarily be explained by its dual English-French origin, which its institutions, with their respective rules, show quite clearly the patient scholar of its legislation.
