20 Examples of Constitutional Guarantees

The constitutional guarantees They are the set of means that the National Constitution, understood as the summit of the Laws that a state establishes, puts disposition of the inhabitants in order to uphold and defend their rights against the authorities, and against other individuals or social groups. They are the mechanism by which the arbitrariness and unilateral nature of the actions of the State are limited and put in check. For example: the fundamental right to defense during the trial.

Constitutional guarantees are also related to procedural guarantees, which are the security institutions and procedures created in favor of people, precisely so that they have the means to make effective the enjoyment of their rights.

Scope of application

In general, first parts of the Constitutions They are oriented to the declarations, rights and guarantees and are established which are those that all people have insured. Constitutional guarantees contain procedural precautions as well as limitations on public power, and constitute a protection of the Liberty.

In this sense, one of the areas that offers the greatest constitutional guarantees is that of legal processes, to the extent that it is observed that not complying with them would expose a person to be deprived of their liberty in a way unfair.

The Guarantee

In this last sense, there is a current of thought within the law that is called guarantee, which assumes that the guarantees established by the constitutions are far from being practiced in fact, in most cases.

In fact, the covenants and conventions on Human rights that lay the foundations on these guarantees are often far from being a reflection of what happens in reality, and rather the legal and penal systems tend to reproduce inequalities of society.

The guarantee seeks to start from the recognition of the Fundamental rights of individuals, and of their effective protection and guardianship as a cornerstone in the state. The guarantee assumes the existence of powers beyond the individual interaction of individuals, and therefore encompasses a legal dimension as well as a political one. The latter constitutes a typical source of criticism towards guarantors, They are also questioned by the tendency to relativize crime that their theory entails.

When regimes totalitarian government reach power, one of the typical actions is to suspend constitutional guarantees, precisely to avoid having limits in this practice. This is why collateral is often understood as a tool for society to protect itself.

Examples of constitutional guarantees

1. The Habeas corpus, a legal institution that seeks to avoid arbitrary arrests and detentions.
2. Habeas Data, the right to access one's own information in any registry or data bank.
3. The appeal for protection, as a legal claim made when certain rights are not fulfilled.
4. Equality before the Law, a fundamental guarantee in the rule of law.
5. A person cannot be convicted twice for the same act, nor be exposed to the risk of being persecuted for an action for which he has already been dismissed.
6. The right to jurisdiction, to a just and reasoned sentence.
7. All people have the right not to testify against themselves.
8. The presumption of innocence.
9. The fundamental right to defense during the trial.
10. The right to be tried by competent and impartial judges.
11. No one can be deprived of his liberty except in virtue of an order issued by a competent authority.
12. The sanction of the Laws is valid for the future, and cannot have an effect on past events.
13. Compliance action, the process by which people are protected when authorities are reluctant to fulfill their role.
14. The preeminence of the National Constitution over all Laws.
15. In the latter sense, when a Legal standard contradicts constitutional provisions, you can go to court to request that it be without effect.
16. All issues related to avoiding racial discrimination.
17. All questions regarding avoiding gender violence.
18. For children, all the rights enshrined in the Convention on the Children's rights.
19. All people are protected against torture and other cruel, inhuman or degrading treatment.
20. All the rights enshrined in the Universal Declaration of Human Rights.