A Que Se Refiere Con Base Legal

No court has reached this extreme, and rightly so. First, federal legislation requires a constant stream of interpretations and policy decisions from countless federal agencies. Almost any federal interpretation or policy decision that favours those who apply for immigration benefits will eventually qualify those affected for a government benefit. Therefore, according to texas theory, there will almost always be a state that can plausibly claim a legal basis. And because of our country`s deep ideological and partisan divisions, there will always be a state that wants to do it. To ensure that election results reflect the will of voters as faithfully as possible, the legal framework must protect the principles of freedom, fairness and electoral jurisdiction (see Fair and Just Trial). These can, as in the Philippines, for example, be oriented towards the search for an honest, orderly, peaceful and credible context and give the country`s citizens equal opportunities in the public sector. 74 The legal framework can protect the integrity of the election in a variety of ways. The authority is given to certain bodies that perform certain functions. However, this power can be limited if we divide this power between the different institutions and subject them to a series of revisions and adjustments. For example, one electoral management body has the authority to hold elections, but another body may have the authority to set electoral boundaries or manage public funds for political parties.

The classic justification for a solid doctrine of the legal basis is that it protects the constitutional separation of powers. In 1993, before becoming a judge, John G. Roberts Jr. his opinion in an article published in the Duke Law Journal. “By content itself with the decision of real cases or controversies at the request of someone who suffers clear and tangible harm,” the future president of the Supreme Court wrote: “The judiciary leaves to the political branches the general complaints that fall within their responsibility on the basis of the Constitution.” He later remarked, “The separation of powers is a zero-sum game. If one of the branches develops unconstitutionally, it is to the detriment of the other powers. (Justice Antonin Scalia, then a judge of the Court of Appeal, wrote an article in a legal journal in 1983 entitled “The Doctrine of the Legal Basis as an Essential Element of the Separation of Powers.”) The legal framework provides us with the basis on which institutions are built and determines the scope and nature of political participation. Reform of the legal framework can become the starting point for restoring the integrity of the electoral process.

This was the case, for example, in Mexico, where electoral reform has become the “lever”76 of genuine democratic change. The implementation of the new electoral legislation served as a basis, a new institutional framework and the creation of various forms of participation. These institutions have established the procedures and working methods that have strengthened the provisions of the new legislation relating to the integrity of elections. This round of reforms has successfully provided the necessary integrity framework for Mexico`s electoral system. 77 In emerging democracies, the rules for free and fair elections continue to evolve. In these cases, it is very important to include the basic principles in the legal framework. According to Dr. Robert Pastor, in the case of elections in countries in transition from authoritarian to democratic rule, “the challenge is to negotiate electoral rules in such a way that all parties accept and respect them.” 75 Once this basic legal framework has been finalised, the development of this work can begin in the institutional and administrative context with a view to the electoral process.