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CONSTITUTIONAL MYTHOLOGY (III): Article 155 or the "suspension of Autonomy"

Today the Constitution turns 30, seems like yesterday, and taking advantage of the celebrations has become to discuss the opportunity to suspend the autonomy of the Basque Country, via Article 155, if the Basque government finally try to hold a referendum illegal. Retrieved

opinions on the Internet, I notice there are many people interested in "fat" Article 155, both nationalists on both sides (English and Basque). Paradoxical, especially in the case of the Basques, who continue to advocate a partial implementation of the Constitution therefore understand untouchable institutions born of the Constitution as my application to repudiate. But that's another story that will have on another occasion.

Returning to business.

The fact that Article 155 allows the "suspension of autonomy" is not disputed by anyone, and many prominent lawyers have asked at one time or another. But a couple of years, a student asked me exactly where the Constitution spoke of suspension, and I recognize that anywhere.

Here the wording of Article 155:
"1. If an autonomous community does not fulfill the obligations that the Constitution or other laws impose, or acts in another way as seriously prejudicial to the interest of Spain, Government, upon request to the President of the Autonomous Community and, if not be addressed, with the approval by majority of the Senate, adopt the measures necessary to force it to the enforceability of such obligations or for the protection of that interest.

2. For the implementation of the measures provided for in the preceding paragraph, the Government may issue instructions to all authorities of the Autonomous Communities. "

As shown, the suspension is not spoken anywhere, and that made me ponder The question, instead of accepting no more as he had done before.

start by being humble. After all, this article has never been applied, so that what I say here is merely an opinion, because it corresponds to the Constitutional Court as ultimate interpreter of the Constitution, develop appropriate doctrine that would apply to the case.

There are also important jurists who have devoted much time to track and study me, so whoever wants to can go further, by example, the interesting http://blogs.hazteoir. org/cristina/tag/articulo-155, to give just one example.

From a careful reading of Article 155, it is clear that what is known as "suspension" of autonomy would only be possible to give instructions directly to a regional government in case of serious breach of its obligations or constitutional requirements, or serious harm to the interests of Spain, but only for matters related to the breach, so no have general application, nor would the disappearance of institutions that Autonomous Region, which in fact may bring actions before the constitutional court if they disagree with government intervention in Spain.

It seems that the tool offered by the article 155 is not as powerful as many believe, in my view is not comparable to what has happened in Northern Ireland on several occasions, and certainly does not warrant or victimization of those who like to say that attempts to silence the "Basque people", whatever that may be, and the triumphalism of those who believe that they could return to old habits to hit 155.

Unless otherwise stated TC, of \u200b\u200bcourse.

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Conscientious Objection, Education for Citizenship and Spurious logic


Rouco Varela

was because the press conference and said: " law will be enforced. But another thing you can do conscientious objection."

We will not say anything here about the agenda of Education for Citizenship, because some time we leave behind our school years, and is unknown. We will say nothing about whether the Church, to which we belong, may or may not accuse someone of indoctrination without falling into some ridiculous.

Of more interest to the traveler is the topic of the right to conscientious objection, which has lately become fashionable: the doctors who refuse to abort, judges who refuse to marry same sex, and now some parents who refuse to send their children to certain classes.

But really there is this broad right to conscientious objection?

See what Article 30 says of the English Constitution, which we reproduce in full:

"1. The English have the right and duty to defend Spain.

2. Law shall determine the duties of the English military and regulate, with due guarantees, conscientious objection , well as other grounds for exemption from compulsory military service, may impose, where appropriate, an alternative service.

3. may be established civil service for the fulfillment of general interest purposes.

4. By law may govern duties of citizens in the event of serious risk, catastrophe or public calamity. " And nothing

more is said about conscientious objection. We concluded therefore that conscientious objection was acknowledged only as a cause of exemption from military service under the terms covered by a regulation having the force of law, but not as a broad right to prevent the enforcement of law against the principle Mandatory General Legal Standards.

However, from the Catholic Church has been arguing that it is possible "object" compliance with standards, if not (we) like. Without doubt this concept underlies Scholastic / Platonic idea of \u200b\u200bjustice and the absence of the rule of law which does not conform to this idea. It is therefore el renacimiento del Derecho Natural, Ideal y Preexistente, al que ha de compararse el derecho escrito (positivo), para aceptarlo o descartarlo.

San Agustín cabalga de nuevo.

Con esto no sólo hemos hecho retroceder el pensamiento jurídico unos cuatrocientos o quinientos años; estamos cayendo en un intolerable relativismo jurídico.

Los principios de Obligatoriedad de las Normas y de Seguridad Jurídica (que sí están en la CE) suponen que la norma jurídica, si es acorde con la Constitución, ha de cumplirse, para que así todos los ciudadanos puedan conocer las consecuencias jurídicas de sus actos.

Eso no evita que la conciencia particular citizens can influence your daily life, or even the application of the rules. A doctor who does not want to perform abortions can be shifted as a judge who does not wish to hold certain marriages, even though the latter in the meantime be required to carry out their work (or be punished, but that's another story.)

For parents, the freedom to educate their children, (which is also in the Constitution) may object to a particular educational program, but not by way of conscientious objection, but the contrast of Constitutional Rights.

Rouco accept the argument, would give each of us carte blanche to violate those laws would like, especially when our consciousness belongs to each and every one is different.

There is therefore a major contradiction to say, on the one hand, that the law is fulfilled and, secondly, it can be argued that compliance. And nothing is more worrisome than a cardinal who does not know the minimum legal rudiments. To see that we are doing in the workshops, which these people before they are educated not only in Canon Law.

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GOD BLESS AMERICA

was a server the other day watching television almost by accident (is that ...., lately buf) when any of these TV news programs are put here as a filler video in which a woman fought with police in a sports stadium in the U.S..

With growing amazement that I was finding out about the horrible crime he had committed the woman, at least according to Presena the newscast, and for which he was surrounded by three police and expelled from the stadium was more or less not enough to maintain a posture firm during the performance of the national anthem! A television news presenters made them very funny, but I admit that I was worried.

In case you had not understood the thing, I searched the internet a More information on the subject. I found nothing about the case, but other similar stories. The most spectacular about a man who rose from his place in Yankee Stadium in New York to go to the bathroom during the anthem, in contravention of the rule imposed by the team owner George Steinbrenner, as a patriotic gesture and was ejected violently the stadium by police in New York!

say I worry about this issue because, admittedly, the United States are now the Empire, for better and for worse. Are well on the American liners (my favorite is a town that has evolved from barbarism to decadence without passing through civilization), but the fact is that the Empire shows worrying signs of decline, and we have no spare time.

Whatever they say, the USA are uneducated sort of theocracy, in which its leaders openly support the absurd unscientific theories such as creationism or cure of disease through prayer.

Its constitution, which resulted in the seventeenth century a large legal progress has been made sacred by this importance, and as a tool is now obsolete and backward, compared to more modern.

intolerance to the views of others (not to be confused with the legitimate intellectual opposition) distrust of the foreigner, supine ignorance of the circumstances and views of the rest of the world (which, incidentally, we are still overwhelmingly), greatly hampers the country's role as a mirror in which, supposedly, we must look others.

depletion of their artistic expressions, and some technical decline begins to observe (most of the big names are captured abroad) do not say anything good from your system and discourage transfer them here, unless we suffer in the future his own ills, without their potential.

The truth is that the country is increasingly self-enclosed. And concerned that a television news English sometimes give more news about the U.S. presidential campaign, the weather in the United States and, finally, Basketball League United States of what is happening to us here.

facts are important, but it is not logical to devote much time to a country, emulating their shortcomings, rather than avoid it already had. I hope

wrong, but I see nothing good in the future of the United States, and I fear that will splash them all.

Does anyone have a new candidate for empire?

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A visit to Maragatería

Well, almost a year ago I opened this blog and much walking, much walking, but had not told any of my travels. That is not to be very distant, not created.

The truth is that I do not like too forográficas cameras because they are too true to life, oddly enough. It is far better a sketchbook, and more fun. In some strange way, the picture always seems more real than the photograph. The downside is that it requires some patience of my companions, but I always do quick drawings and schematics. The interesting thing is to capture the spirit of things .

So when my good friend told me she Tharasia and Richard went to Maragatería to do some photinos, I joined the expedition, because in the land of my ancestors, there are always many interesting things to draw.

Tabladillo visited the area, where I picked up the outline of the landscape on the left. The village was certainly very nice at times, but now is a little abandoned. Some houses have been restored respecting the appearance of old stone buildings, but others are modern architectural horrors, or have a mixture of several styles, with disastrous results. Many of the most interesting are in ruins, including three houses that still remains of its traditional thatched roof.
I ordered, however, time to draw a strange stork's nest, in what appears that was once a water tower, now unused.

also found a door in a house built deliciously virtually demolished. I've always liked painting old doors, because no two are alike and have a great personality. Can not say the same of modern architecture, unfortunately.
have to see the care put into the simplest things. It is true that modern materials we have made life much easier and require less work, but what we gained in comfort we lost in aesthetics.

The only other interesting thing was a trap to shoe, but it was very well preserved. many pieces were missing and I had never seen an all you can do was play it as is, and that every imagination do the rest.

Tharasia was interested in photographing an abandoned village (Vegaquemada Villaquemada or were not sure), but before we go through Rabanal del Camino, to take a drink in one of the Pilgrim's Village Shelter. Excellent olives, I must say.

Anyway, there we spoke of the People's Church, where excavations seem to be doing, and you can observe various architectural styles that occurred over the years, and some burials old. They kept taking pictures, but that's not a problem for me. Unfortunately, the church was closed, but you can draw the interesting Torre, with a nice clock XIX.

And there we went to the foot of Teleno. No photograph or picture can do justice to this landscape, so do not even try it, and I began to contemplate the quiet area, while my friends ended up with their work. And I found the piece of quartz Pedrolo largest he had seen in my life. Gold zone, you know.

Ah, indeed. My friend Richard is still finding many bowls carved in stone, especially below the sill. Says it should be investigated. The give other reason, because they believe it is wise to contradict him, but who knows ...

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Understanding Copyright protection

Copyright (known by the most vulgar name of "intellectual property") is one of the newest forms of ownership, and one that arouses more interest. The progress of culture has become the most accidental creators, with more or less success. But precisely the lack of professionalism in many cases involves a gross misunderstanding of our most basic rights.

The change of mentality of the move Craftsman (whose name was usually ignored) the operator is one of the most fascinating place during the last century. A revolutionary way of thinking so that still has not been understood by many.

Current regulation in our country, without prejudice to international conventions governing the international protection of the law, found in the Royal Decree 1 / 1996 of 12 April.

The first principle stated in the law, and generally known, is that the author is "owner" of his work from the moment of its creation and for the sake of it, without requiring register or post.

There is certainly a public record, but the effect of registration is not constitutive (not create the right), but evidence: the recorded work are presumed to belong to the owner, unless proven otherwise. Advertising also, in case of transfer of rights to another party. Against possible appropriation by a third party, facilitates the success of any future trial, but nothing more.

Keep in mind that the object of law, the work of wit, intelligence-product is not as extensive as one might think, since not all writing, drawing or photograph generated by copyright, although the case mix is broad to be reflected here.

Intellectual Property granted to the author two sets rights, which we summarize:
Moral Rights: Defined as the recognition and respect to the authorship and integrity of the work. These rights, which tend to be unlimited in time, may be exercised by both the author and his heirs, and are inalienable.

Economic Rights: to decide on the publication, reproduction or public communication of the work, usually in exchange for a fee. Is limited in time, all the author's life plus seventy years after his death, and may be transferred to another party.

is important to remember that the author retains these economic rights (the moral can not be transferred) even if the work is not physically in their possession. It is something that is apparent in three-dimensional works. The sale of a painting or photograph, for example, does not automatically imply the transfer of the relevant copyright. This shall be done explicitly, and, logically, for a different price for the sale.

Another aspect that is often ignored in practice is the requirement that the publishing contract concluded in any case in writing to be valid, establishing key aspects of this edition. And that exhausted the contract, the right still belongs to the author, but may be extended indefinitely holding time.

Finally, whatever the form of economic exploitation of the work, has always respected and recognized the author, who can even modify the work, even when this in trade, provided that this does not harm the economic interests of editor, because otherwise he must compensate.

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Superman: Doomsday

When Warner announced that they would instruct Tim Bruce adaptation of the legendary (which meant more for marketing operation for its quality) comic "The Death of Superman ", I admit I felt some excitement to see the final result.

was clear that, being a single episode of 78 minutes, could not end upon the death of good Kal-El, but after having "resurrected." And it was impossible that in the movie cupiese everything that had happened in the comic. How to solve the mess the talented Bruce?

Early reviews were not very favorable, mostly because it was said that the film departed from the original story. History, as I said, I never liked too. There was thus a good fit, but: was a good movie?

The answer is: I really liked.

version of the Universe DC before us is the canonical we've seen in recent years, and far from the Byrne modifications introduced in the nineties. Some, in my opinion wrongly, as compared with the Superman films, like that is because this is more like Superman comics then the current Superman comics. But there is evil minions histrionic or stupid.

Superman We found a single, with some of his powers now disappeared (like the Super Breath) and is a scientific genius. Like Luthor, the thinnest and content of recent years. None of Pa Kent, although we will see Martha, which, this time, the influence of movies seems to have removed from the tomb.

is thus a remote version of the animated series, an "Other Worlds" show, a slightly more adult tone and dark. Especially thank the contents of the "bad" movie, smart and calculating, and the action scenes, most spectacular and violent than usual.

The time has forced reduced to simplify and change history. Doomsday comes not only in the first part of the movie, and there is nothing of the four "Supermen" or the psychedelic resurrection of the comics. This, which some see as weak points for me are hit. Doomsday

was never a big villain. It was created solely to kill Superman, and how he tried to give a background as Kryptonian genetic experiment not made him a great favor.
characters who tried to occupy the site of Superman after his death did not enjoy much popularity and have not survived very well, but also played a role: to stretch the story to sell more comics. Perhaps

would have been appreciated that Luthor had omitted at least as an attack trigger Doomsday, but good, need the money and the truth is that it is the best known and most charismatic villains of Supes. Better than the "trunk" of Doomsday, of course.

Conclusion: If you did not like the comic, highly recommended. If you like, you should give it a try, but keep in mind that it is a faithful adaptation.

SUPERMAN: DOOMSDAY