Legal Theory and Constitutional Law Flashcards

This set of vocabulary flashcards covers the fundamental concepts of law, the structure of the Argentine legal system, constitutional principles, the attributes of human persons, and the classification of legal facts and acts based on the lecture transcript.

Ius

The original Roman term for law, referring to what is licit or permitted.

Directum

A Roman term meaning to guide or follow the 'straight path,' which forms the etymological root of the word 'Derecho' (Law).

Coercibility

The most important characteristic of legal norms, meaning the State has the power to use force to ensure they are fulfilled.

Iusnaturalism

A current of legal thought that believes in 'inalienable' natural rights based on reason and morality.

Positivism

A legal theory stating that law is only what is written and approved by the State, regardless of its morality.

Objective Law

The written norm or the legal system itself, such as the Penal Code or traffic laws.

Subjective Law

The power or faculty an individual has to demand that a law be fulfilled for their own benefit.

Public Law

A branch of positive law where the State intervenes as a superior authority to protect the common good through relationships of subordination.

Private Law

A branch of law regulating relations between particulars based on coordination and equality, such as civil or commercial law.

Formal Sources of Law

Mandatory sources created with authority that must be followed, including laws, certain customs, and plenary jurisprudence.

Inexcusability

A characteristic of law stating that no one can claim ignorance of a law to avoid compliance, as it is presumed known by all.

Jurisprudence

A set of court decisions that demonstrate how law is applied in specific situations; it is usually a material source unless it is plenary.

Codification

The process of gathering many separate laws on a single subject, such as commerce, into a single body or book called a Code.

Principle of Supremacy (Art. 31 CN)

The hierarchy establishing that the National Constitution and 14 International Human Rights Treaties are the highest norms of the country.

Control of Constitutionality

The tool used by judges to verify that all norms respect the Constitution; in Argentina, it is judicial, diffuse, and declaratory.

Constitutional Reform (Art. 30 CN)

A two-stage process (Pre-constituent and Constituent) required to modify the Constitution, which is classified as rigid.

Sovereignty

The maximum and final authority of a State, meaning there is no higher authority within the country and it is independent externally.

Autonomy

The capacity of entities like provinces to govern themselves, elect their own leaders, and dictate their own laws while respecting the Constitution.

Intervención Federal (Article 6)

An emergency measure where the national government intervenes in a province to guarantee a republican form of government or defend against invasion.

Bicameralism

The structure of the Argentine Congress, composed of two chambers: the Chamber of Deputies (representing the people) and the Senate (representing provinces and CABA).

Quorum

The minimum number of legislators (the majority) required to be present for a Congressional meeting to be valid for debating or voting.

DNU (Decreto de Necesidad y Urgencia)

An exceptional tool allowing the President to issue decrees in urgent circumstances, prohibited in tax, criminal, and electoral matters.

Inamovilidad

A guarantee for judges ensuring they remain in office as long as they maintain good conduct.

Subject of Law

A person who is both subjected to the legal order and a holder of the rights granted by those laws.

Conception

The legal start of a human person's existence, defined as the precise moment when male and female gametes unite.

Capacity of Right

The inherent aptitude of every human being to be a holder of rights and duties.

Patrimony

The legal universality composed of a person's assets, rights, and obligations that have economic value.

Legal Fact

An event or occurrence that, according to law, produces the birth, modification, or termination of a legal relationship.

Discernment

The internal condition of a voluntary act consisting of the aptitude to understand the meaning and consequences of one's actions.

Legal Act

A voluntary, licit human act with the immediate purpose of establishing, modifying, or extinguishing legal rights and relationships.

Contract

A bilateral and patrimonial legal act where two or more parties consent to create, regulate, or extinguish economic legal relationships.