Definition of Constitutional Guarantees

For the rights and freedoms recognized in the constitutional texts to be effective, there must be a series of legal guarantees. They comprise a series of legal and procedural instruments recognized in a Magna Carta with the aim of preserving the legality.

Examples of constitutional guarantees

Although each constitution has its own legal framework, the following guarantees are included in the set of constitutions:

-The habeas corpus procedure maintains that a detained person can appear before a judge if he considers that the detention is illegal or irregular. Thus, the judge will be the one who decides if the detection is in accordance with the law.

- Everyone has right to collect and update all the information that may affect you in a judicial process and this guarantee is known as habeas data.

- The right to be tried by an impartial and competent judge is recognized. To guarantee this right, the possibility of challenging a judge is also recognized.

- In the event of any violation of rights and freedoms, the right to protection.

- All citizens, regardless of their beliefs or political ideas, are equal before the law. Therefore, there is a principle of equality.

- The right to jurisdiction consists of recognizing the right of every individual to be tried by a court.

- There is also the right not to testify against oneself and the right to remain silent.

-If a person is attributed a criminal act, he has the right to the presumption of innocence until his guilt is proven.

-No person may be deprived of their liberty, except by an order from a authority competent.

In short, any constitutional guarantee is a way of protecting individuals and legally protecting them against any form of violence. abuse of authority.

In most dictatorships, one of the first actions carried out is the suspension of constitutional guarantees.

The concept of constitutional guarantees has a general purpose: to ensure the rights and freedoms of individuals. Is tool legal is essential in all rule of law, otherwise, citizens may find themselves unprotected by the laws and in the face of any possible abuse of authority or arbitrary action.

In the context of dictatorial regimes, it is quite common for these guarantees to be suspended, since in this way the state can exercise totalitarian control over individuals without restrictions or limits.

Photo: Fotolia - Olha

Issues in Constitutional Guarantees