Definition of Jurisdiction-Disability
Miscellanea / / July 04, 2021
By Javier Navarro, on Feb. 2016
A jurisdiction is some kind of rule specific or privilege for a group or for a territory determined. The were arose in the context of the Middle Ages in Spain, when the kings granted special recognition to the subjects of some territories. This type of privilege was inspired by the traditions of each place and jurisdiction was a legal confirmation of what was previously a social custom. The fueros could be related to the institution of vassalage, with the payment of taxes or with contracts that affected individuals. Medieval fueros supposed a status specific legal law and could equally affect commerce, military activities or the church.
The historical meaning of the jurisdiction
The medieval jurisdiction as a legal figure also sought the repopulation of some territories. When Spain was configured as nation, the fueros gradually lost their meaning. However, they did not disappear completely and, in fact, in some territories of Spain they are still preserved as a
right historical (for example, the autonomous community of Navarra is a foral territory and this particularity is included in the current Constitution 1978 Spanish).Jurisdiction and constitutional lawlessness in political activity
The medieval jurisdiction evolved and its idea was applied to the political sphere in most nations. In this way, the constitutional texts address the apolocation as a formula to protect the freedom of expression of parliamentarians. In this sense, the jurisdiction of a parliamentarian consists, in a few words, in the fact that he cannot be tried by ordinary courts since he is protected by his status as a judge. However, this protection is not absolute and, in certain cases, the graduated politician can be tried in the ordinary way. When parliamentary protection or immunity disappears, lawlessness occurs.
Parliamentarians generally have jurisdiction from the moment they take office as representatives of national sovereignty. However, their status as a gauge may be suspended as indicated by each legislation national. Normally, a parliamentarian loses his approval in cases where he has flagrantly committed a crime.
The controversy of the fueros and the outrages
The figure of the parliamentary jurisdiction is not without controversy, because despite being introduced to protect the freedom of expression, in practice it can become an alibi for impunity against crime and even to protect corrupt. Along these lines, there are jurists who consider that the assessment should not exist because it supposes a privilege unjustified, since currently freedom of expression is not threatened in democratic countries. The supporters of suppressing the afarment argue that the controversial petitions for violation represent an argument against the jurisdiction.
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Issues in Jurisdiction-Challenge