Pin
Send
Share
Send


The term revocation comes from a Latin word that refers to the action and effect of revocation (verb that means leave without effect a resolution or mandate ; remove or deter someone from a design; or push something back).

In the field of right , the revocation is the cancellation, replacement or amendment of a ruling or an order . This decision is taken by an authority different from the one that had been resolved in the first instance.

For example: "Judge Galimberti dictated the revocation of the decision of Chamber Two and released the engineer Bertolucci", "The convicted said he will request the revocation of the sentence, alleging the incompetence of the court that acted in the trial", "If we achieve the revocation, we will have the opportunity to request a change of cover".

Revocation, therefore, is a way of extinction of a legal relationship. The operation of the revocation is ex nunc (it is valid since the will to revoke is manifested).

Depending on the case, the revocation of a legal act may be authorized by the law or by the will expressed by the parties. In bilateral contracts, both parties have the right to revoke.

In some countries, revocation is a political procedure which allows citizens to determine the end of a public office before the expiration of the period for which the official had been previously elected.

The order of recall referendum can be justified by the loss of legitimacy, acts of corruption or the violation of human rights , among other reasons.

In a totally different sense, the term revocation in some Latin American countries serves to refer to the arrangement made on concrete walls. For example: "I have to revoke the wall of your house before the bad weather starts." "Juan has been a bricklayer for many years and has a great facility to make good plasters."

Revocation mechanism

There are many political groups that propose the implementation of a project that allows a revocation mechanism in case the elected rulers do not fulfill their functions and those promises they made during the election campaign . Around these types of measures there are two well-defined trends of opinions.

On the one hand, many ensure that this mechanism has a disciplinary effect on representatives; forcing them to maintain a behavior consistent with what is expected of them and preventing them from making decisions that go against the wishes and rights of citizens.

But there is another broad group that is against these types of measures stating that the recall can cause leaders a constant fear of making decisions that go against what the people want and for this reason they lose all kinds of authority ; and, after all, his position no longer meets the "representative" requirement.

In any case, it is important to clarify that at first glance it may be the best way in which the population has a certain certainty that their representatives fulfill their functions efficiently: this way they ensure not only that they will be able to vote them every certain number of years and , in addition to maintaining greater control over the decisions made during the duration of the position.

However, there is a problem of compatibility between the recall and the electoral system, although the last word is always the citizens, who express their expectations through the vote .

Pin
Send
Share
Send