What is Constitutional Guarantees definition/concept
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 charter with the aim of preserving legality. Constitutional Guarantees
Examples of constitutional guarantees
Although each charter has its own legal framework, the following guarantees are collected in the set of constitutions:
- – The habeas corpus procedure states that a detained person can appear before a judge when he considers that his detention is illegal or irregular. So the judge decides whether the arrest is in accordance with the law.
- – Every citizen has the right to collect and update all information that may affect him in a legal proceeding; this guarantee is known as habeas data. Constitutional Guarantees
- – The right to be judged by an impartial and competent judge is recognized. To guarantee such a right the possibility of refusing a judge is also recognised.
- – In the face of any violation of rights or freedom, the right to protection is recognized.
- – 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 in 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.
- – When a criminal act is attributed to a person, he/she has the right to the presumption of innocence until proven otherwise.
- – No one may be deprived of their liberty, except by order of a competent authority.
In short, every constitutional guarantee is a way to protect individuals and legally protect them from any form of abuse of authority
In most dictatorships, one of the first actions to be taken is the suspension of constitutional guarantees.
The concept of constitutional guarantees has a general purpose: to ensure the rights and freedom of individuals. This legal tool is essential in every rule of law, otherwise citizens may be left 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 such guarantees to be suspended, since in this way the state can exercise totalitarian control over individuals without restrictions or limits. Constitutional Guarantees