DUE PROCESS

Due Process



Due Process

Introduction

The idea of due process, as a concept encompassing a set of guarantees that have litigants when the court action, is so vague and complex that it is difficult by statute or the Constitution can be set in concrete and closed. Even be said that the concept of due process is in accordance with the legal question. Therefore, it is necessary that the magistrate, who, on a case by case, will determine the scope or setting of the institution.

Discussion

In that sense, if we consider that the judge who must build the various safeguards that should make up due process; we are witnessing the idea of creating law by the judge. Certainly, this is the case of constitutional jurisdiction, which is defining the concept of due process under the case presented to it. However, the doctrine has been immersed in a debate about whether truly constitutional courts or constitutional courts may or may not create law. The goal of this work is to elucidate what is the correct position in this regard, because we would be short analysis of the predominant theme. Therefore, for methodological reasons, because to be the central point throughout the study, we adhere to the thesis that constitutional courts make law. It is precisely this that if the construction of due process is the creation of law by judges (Carmen, 2000).

Thus, it should be noted that this form of creativity and innovation praetorian law, unlike the technique used by the legislator, in the words of Rubio Llorente, "not from simple considerations of expediency, is not free but linked building, pure statement a pre-existing law, which as a rule the content of settling the case required the Constitutional Court.”Rubio Llorente, Francisco. We must note that although the system of "common law" English is the ancestor or the base of the U.S. system cannot be considered within this systematization as there is no constitutional court as the systems mentioned. Similarly, in the case of the French system of prior control of constitutionality, the difference is you cannot create law, because its sole purpose of the control law is not yet in force (Russo, 2005).

Due process and the U.S Constitution

The Rights of the Accused

According to the U.S bill of rights, every accused have the right to select the attorney before taken to the investigations, it provides this right for the security of the accused, since every person is innocent unless proven guilty.

The process of arrest

The arrest process begins with providing information to the accused about his or her legal rights. After then, the person can select the attorney and fight for his rights. The bail option is open to the accused, which can provide a guarantee of not committing crime in the future. However, for more severe types of crimes, the trial is mostly undertaken avoiding the bail. Today, the incorporation of due process as a constitutional guarantee is not a problem in almost all jurisdictions in the world, this monumental incorporation was not only ...