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Culture is the set of all life forms and expressions of a given society. As such it includes customs, practices, codes, standards and rules of the manner, dress, religion, rituals, norms of behavior and belief systems. From another point of view we could say that culture is all the information and skills that humans possess. The concept of culture is fundamental to the disciplines that deal the study of society, especially anthropology and sociology.

UNESCO in 1982, said culture
... that gives man the ability to reflect on itself. It is she who makes us specifically human beings, rational, critical and ethically compromised. Through it we discern values \u200b\u200band make choices. Through it man expresses himself, becomes aware of itself, is recognized as an unfinished project, questions his own achievements, seeks untiringly for new meanings and creates works that transcend.
(UNESCO, 1982: Declaration of Mexico)

Origin of the term of the term's origins are a metaphor between the practice of an activity (eg farming, which is agriculture) the cultivation of the human spirit, of the intellectual faculties of the individual. In this meaning is still preserved in everyday language, culture is identified with learning. Thus, a person "educated" is someone who has great knowledge in varied areas of knowledge.

classical conception of culture

The word culture comes from the Latin culture, which in turn derives from the word anger means care field or livestock. By the thirteenth century, the term used to designate a plot of land, and three centuries later it had changed its meaning as a state of a thing for measure: the cultivation of land or livestock care (Cuche, 1999: 10), approximately in the sense that English is used in our days in words such as agriculture, apiculture, fish farming and others. By the mid-sixteenth century, the term acquires a metaphorical connotation, as the cultivation of any faculty. Either way, the figurative meaning of culture does not extend to the seventeenth century, when it also appears in some academic texts.
The Age of Enlightenment (eighteenth century) is the time when the figurative sense of the term as "cultivation of the spirit" is imposed on broad academic fields. For example, the Dictionaire de l'Academie Française, 1718. And though the encyclopedia includes only the narrow sense of land cultivation, not figuratively unknown, which appears in the articles devoted to literature, painting, philosophy and science. Over time, as a culture means the formation of mind. That is, it is converted back in a word for a state, but this time is the state of the human mind, and not the state of the plots.

The classic opposition between nature and culture has its roots in this period. In 1798, the Dictionaire includes a sense of culture that stigmatizes the "natural spirit." For many of the thinkers of the time, like Jean Jacques Rousseau, culture is a distinctive phenomenon in humans, which puts them in a different position from that of other animals. Culture is the set of skills and knowledge accumulated by mankind over the millennia of its history. As a universal characteristic, the word used in the singular number as found in all societies regardless of race, geographical location or historical moment

descriptive definition of culture

Definition Tylor

As Thompson notes, the descriptive definition of culture was present in those early nineteenth-century authors of anthropology. The main interest in the work of these authors (who addressed issues as diverse as the origin of the family and the matriarch, and the remnants of ancient cultures in Western civilization of his time) was the search for the reasons which led the people to behave in this or that way. In these explorations, meditated on the relationship between environment and society, past and present, or between technology and the rest of the social system. One of the most important ethnographers of the period was Gustav Klemm. In the ten volumes of his work-Geschitchte Allgemeine Cultur der Menschheit (1843-1852) tried to show the gradual development of humanity through the analysis of technology, customs, art, tools, religious practices. A monumental work, it included ethnographic examples of people around the world.
Klemm's work would be echoed in his contemporaries, engaged in defining the scope of a scientific discipline was born. Twenty years later, in 1871, Edward B Tylor in Primitive Culture published one of the most widely accepted definitions of culture. According to Tylor, culture is ...
... that complex whole which includes knowledge, belief, art, morals, law, customs, and any other capabilities and habits acquired by man. The state of culture in different societies human species, to the extent that can be investigated according to general principles, is a suitable subject for the study of the laws of thought and action of man.

Thus, one of the main contributions of Tylor was the elevation of culture as a matter of systematic study. Despite this remarkable progress Conceptually, Tylor proposal suffered from two major weaknesses. On the one hand, the concept took its emphasis humanist culture by making the object of science. On the other hand, the analytical procedure was too descriptive. In the text quoted above, Tylor states that "a first step in the study of civilization is to dissect in details, and sort them into appropriate groups. "According to this premise, the mere compilation of the" details "would allow the knowledge of a culture. Once known, it would be ranked on a scale from more to less civilized premise that inherited Social Darwinists.

cultural evolution

There were at least a large conceptual distance between the proposal of White and Steward. The first was inclined the study of culture as a whole phenomenon, while the second remained more likely relativism. Therefore, among the constraints that his successors had to overcome was the concatenation of two positions, to unify the theory of cultural ecology studies. Thus, Marshall Sahlins suggested that cultural evolution follows two directions. On the one hand, creates diversity "through a change adaptation: the new forms are different from the old. Moreover, the evolution generates progress: the higher forms arise from the lower and beyond" (Sahlins, 1992: 371 .) The idea that culture is transformed along two simultaneous lines was developed by Darcy Ribeiro, who introduced the concept of the civilizing process to understand the transformations culture.
Over time, the neoevolucionismo served as a major hinge between the social sciences and natural sciences, especially as a bridge to the biology and ecology. In fact, his own vocation as a holistic approach has made him one of the most current interdisciplinary disciplines that study mankind. From the 1960's, ecology became a very close relationship with cultural studies of evolutionary cut. Biologists have discovered that humans are not the only animals that have culture: they had found traces of it among some insects, but especially among primates. Roy Rappaport introduced in the discussion of the social idea that culture is part of the same human biology, and evolution of the human being is due to the presence of culture. He pointed out that ...
... superorganic or not, it must be remembered that culture itself belongs to nature. Emerged in the course of evolution by natural selection processes differ only in the part of those who produced the octopus [...] Although the culture is highly developed in males, recent ethological studies have indicated a symbolic capacity among other animals. [...] Although cultures can be imposed on ecological systems, there are limits to these impositions, as the cultures and their components are subject to selective processes in turn.
(Rappaport, 1998: 273-274)
New discoveries in ethology (the science that studies the behavior of animals) encouraged many biologists to intervene in the debate sociology of culture. Some of them sought to establish relationships between human culture and the culture primitive forms observed, for example, among Japanese macaques. One of the best known examples is the Sherwood Washburn, a professor of anthropology at the University of California. Leading a multidisciplinary team was given the task of finding what were the origins of human culture. As a first parte de su proyecto, analizó el comportamiento social de los primates superiores. En segundo lugar, suponiendo que los bosquimanos kung eran los últimos reductos de las formas más primitivas de cultura humana, procedió al estudio de su cultura. El tercer tiempo en el programa de Washburn (en el que colaboraron Richard Lee e Irven de Vore, y que se prolongó durante la primera mitad de los años sesenta) era proceder a la comparación de los resultados de ambas investigaciones, y especuló sobre esta base acerca de la importancia de la cacería en la construcción de la sociedad y la cultura.
Esta hipótesis fue presentada en un congreso llamado Man, the Hunter, realizado en la Universidad de Chicago en 1966. Fuera porque research was based on assumptions about the cultural evolution that were discarded from the time of Boas, or because it was a thesis that denied the importance of women in the construction of culture, the thesis of Washburn, Lee and De Vore was not well received.
This definition serves the main feature of the culture, which is strictly a work of human creation, unlike the processes that nature, for example, the movement of the earth, the seasons, mating rituals species, the tides and even the behavior of bees make their honeycombs, making honey, are directed to find the way back but that despite that, there are a culture, because all the bees in the world do exactly the same, mechanically, and can not change anything. Exactly the opposite occurs in the case of works, ideas and human actions, because these altered or added to nature, for example, designing a home, the recipe for a sweet honey or chocolate, the development of a plane, the simple idea of \u200b\u200bmathematical relations, are culture and no human creation would not exist by nature work.

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MAPA CONCEPTUAL CONSTRUCTION JOINT SPACE PICTURES (II)

NOT KNOW WHAT WORDS?

* EMPIRE: Empiricism comes from the Greek εμπειρισμός (literally, experience), the Latin translation is experientia, which is derived from the word experience. Also derives from the Greek and Roman empirical, referring physicians who get their skills from practical experience, opposing the instruction in the theory.
In philosophy, empiricism is a theory of knowledge, which emphasizes the role of experience, especially sensory perception, in the formation of ideas. With empirical note to knowledge based on experience validated as such, which means that the experience is the foundation of all knowledge. Part of the sensible world to form the concepts of what one has experienced, has experienced (Whitehead).
In the philosophy of science, empiricism is a theory of knowledge, emphasizing the aspects of scientific knowledge that are closely related experience, or scientific event through experimentation. It is fundamental requirement of scientific method that all hypotheses and theories must be tested by observing the natural world, dismissing the a priori reasoning, intuition or revelation.

* Homeostasis: Homeostasis (Greek homeo meaning "similar" and stasis, in Greek στάσις, "position", "stability") is the Homeostasis property of an open or a closed system, especially in a living organism that regulates its internal environment to maintain a stable and constant. Multiple dynamic equilibrium adjustments and self-regulation mechanisms make homeostasis possible. The concept was created by Claude Bernard, often considered the father of physiology, and published in 1865. Traditionally it has been applied in biology, but given the fact that not only can the biological meet this definition, other science and technology have also adopted this term.
homeostasis and regulation of internal environment is one of the fundamental precepts of physiology, since a failure in homeostasis resulting in an ill-founded of the different organs.

* ENTROPY: Thermodynamics, by defining a very simple, takes a look inside physical systems in the trading of energy as heat is conducted from one system to another. A macroscopic quantities that are related to the internal state of a thermodynamic coordinates are called, they will help us determine the internal energy of the system. In short, the ultimate goal of thermodynamics is found among the general relations thermodynamic coordinates consistent with the basic principles of physics.

Thermodynamics based their analysis on some laws: The Law "zero" concerning the concept of temperature, the first law of thermodynamics, which speaks of the principle of conservation of energy, the Second Law of Thermodynamics, that entropy defines us.

* equifinality: In one system, the "results" (in the sense of altered after a period of time) are not determined so much by the initial conditions and the nature of the process or system parameters.

final behavior of open systems is based on its independence from initial conditions. This principle of equifinality means that identical results may have different origins, because what matters is the nature of the organization. Also, different results can be produced by the same "causes."

Therefore, when looking at a system can not necessarily make an inference with respect to its past or future from its current state, because the same initial conditions do not produce the same effects.

* Axiom: In epistemology, an axiom is an "obvious truth" that no demonstration supported by rational intuition, on which all other knowledge rests or on which other skills are built. Not all epistemologists agree that there are axioms that way. In mathematics, an axiom is not necessarily a truism, but a logical expression used in a deduction to arrive at a conclusion. In mathematics there are two types of axioms: logical axioms and non-logical axioms.
Kurt Gödel showed in the mid-twentieth century axiomatic systems of some complexity, defined and consistent they are, have serious limitations. In any system of some complexity, there will always be proposition P is true, but unprovable. In fact, Gödel proved that, in any formal system that includes arithmetic, can form a proposition P asserting that this statement is not provable. Q If you could prove the system would be contradictory: it would not be consistent. Then P is not provable and therefore P is true!

AUTHORS

Ludwig von

Bertalanffy (1901-1972)

Atzgersdorf Born in Austria, received a very large family formation and studied art history, philosophy and science in the universities Innsbruk and Vienna, being the last pupil of Robert Reininger and Moritz Schlick founders of the Vienna Circle. In 1926, dioctoral read his thesis under the direction of Schlick, on the pioneer of psychophysics Gustav Fechner (1801-1887). Two years later he published his first book on theoretical biology, Kritische Theorie der Formbildung [modern growth theory] (1928). In 1937 he moved to America with a grant from the Rockefeller Foundation, spending two years at the University of Chicago, where for the first conceptual statements about future general theory of systems in a seminar led by Charles Morris, who worked on the theory of signs and the unity of science and was the champion U.S. intellectual exile of Germanic origin. Bertalanffy not can not continue in the United States for not accepting the legal subterfuge declared victim of the Nazis and returned to Europe. In 1939, he joined as professor at the University of Vienna, where he remained until 1948. After a brief stint as a professor at the Medical School at London's Middlesex Hospital in 1949 emigrated to Canada, continuing their investigations into University of Ottawa (1950-54) and Mount Sinai Hospital in Los Angeles, United States (1955-58). Theoretical biology professor at Canada's University of Alberta in Edmonton (1961-69), during which publishes books Robots, Men and Minds (1967), General System Theory. Foundations, Development, Applications (1968) and The Organismic Psychology and Systems Theory (1968). Completed their academic work as professor of the Faculty of Social Sciences at the State University of New York at Buffalo (1969-72). Despite being one of the most influential thinkers of the twentieth century, the Nobel prize given for not prosperó.Desde the field of biology, which proposed a theory open systems in physics and biology (1950), devised an explanation of life and nature as a complex system, subject to interactions and dynamics, which later moved to the analysis of social reality and the organized structures in a description broad spectrum called general systems theory, whose final term, after three decades of development, appeared in the book General System Theory (1969). In 1954, brought together scientists from other disciplines that drew systemic visions about the Society for General Systems Research (now the International Society for the Systems Sciences), among whom were economist Kenneth Boulding, the psychologist James Grier Miller, Anatol Rapoport mathematician and philosopher Ralph Gerard, who would be joining many of the leading figures of science XX.En century English language books have been published: Robots men and minds, Guadarrama, Madrid, 1971, general systems theory, Fondo de Cultura Economica, Mexico, 1976, Perspectives on general systems theory, Alianza Universidad, Madrid, 1979.

THOUGHT Systems theory presents a new methodological approach within a very wide application in different areas of knowledge, this is new scientific paradigm which incorporates the holistic and integrative, as necessary for an understanding of reality versus analytical reductionism fixed their attention on specific aspects, without considering that they were subject to the overall dynamic. Systems theory provides environments and interactions of the organized structures whose differential nature lies in its own organization, with certain internal balances, supply and maintenance procedures, and so on. These properties of the systems, initially cautioned in living organisms and nature, were exported to other settings for observation and understanding of the dynamic structures such as humanities and social sciences. Bertalanffy was aware that its proposed change in registration frameworks of knowledge connected with the needs of science in its drift towards building an increasingly complex reality. Thus, systems theory will not only be contemporaneous with other theories, but it will come to dharma, to relate to each other under a new paradigm of scientific perception of reality. Appear closely related to information theory, cybernetics and second order radical constructivism (von Foerster and Ashby, most notably), but the trail does not close when changing scientific landscape of mid-century XX, it is projected on a progressive impregnation of knowledge structures that can be described by systemic frameworks (eg in the field of communication and social sciences, Niklas Luhmann) and its projection embryo on other routes that reach to chaos theory, genetics or quantum physics.

Josep Bertran i Musitu ( Montpellier, 1875 - Barcelona, \u200b\u200b1957)

English lawyer and politician. Regionalist League leader, supported the Francoist side Civil War . As a member of the Lliga was Member of Parliament, Finance Secretary in the Ministry of Francesc Cambo and Minister of Gracia y Justicia.
organized in 1936 Franco's intelligence service in Catalonia, from December 1936 to February 1938, Information Service called the Northern Frontier of Spain (SIFNE) and later to unify with the INS (National Information Service ), for all the rebellious faction, was named Information Service and Military Police (CPIS).

Burns and Stalker r

They were sociologists University of Edinburgh in the late 50's and early 60's conducted an investigation in which a classification set ideal type for the different mechanical models of organization and organizational models of organization.
This classification is established through a very detailed study in Scottish companies doing business comparing situations associated with the manufacture of electronic devices with companies associated with the manufacture of electronic devices with companies that were in the context of electronics. The first they encountered a technological environment and stable market, and the latter faced a technological environment and unstable market.
The basic idea is that Burns and Stalker there is no single best way to organize the company as saying the classical theory of business administration: "The bureaucracy was the best model for business." These two authors say that companies try to adjust to the environment, if the environment is stable, firms will opt for a mechanical model, but if the environment is unstable, and tend companies should adopt an organic model.
Thus, the mechanical model is suitable for a stable environment and stable technological conditions, while the organic model is suitable for harsh environments and technological conditions changing.
The characteristics of the two models as ideal-typical models are:
* The mechanical model is characterized by the presence of a rigid chain of command hierarchy and subordination dominated the exchange of information through orders, in the organic model emphasizes communication between different hierarchical orders. Takes the form of regular dialogue and ongoing consultation.
* In the mechanical model is a strict division of tasks and functions. It is very clear and defined around posts or positions, in the organic model of division of labor becomes more blurred, the workers' activities overlap; is important horizontal communication and work as a team.
* dominate the mechanical model of formal relations, in the organic model is very important informal relationships and efforts of individual members of the organization to unforeseen and can not be defined clearly before.
the mechanical model can be defined in advance the charges and the demands of work, in the organic model is necessary to "mobilize" the skills, abilities and skills available to deal with situations that are unpredictable or a matter of time either by the nature of the situation itself.

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DYNAMICS : MAPA CONCEPTUAL

The last level is an intrinsic need in being. It corresponds to the concept of success and self-realization. The basic idea is that the highest needs occupy our attention, only when the lower needs are met within the organization. Human beings experience a rise due to ego-fulfillment.

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DYNAMIC ORGANIZATION LOOKING EDUCATION OF THE FUTURE ... DYNAMIC IMAGE

IN THE DYNAMICS OF TODAY WE HAVE TRIED TO MAKE A FEW BETWEEN SIMILAR OBJECTIVES FOR A TRIP TO THE MOON, WITH EDUCATION.
THE ACTIVITY IN QUESTION IS:

1 º Come fifteen to classify objects in order of necessity. Put the number 1 beside it considers most important, 2 beside the next and so on until 15 at the side that seems less useful.

- a matchbox
- concentrates
-fifty meters
nylon rope-a-
silk parachute apparatus heating solar-powered
-45-caliber pistols
-a can of milk powder
-two oxygen tanks 50Kg each
-a sky map of the lunar constellations
-one inflatable rescue boat
- a compass;-twenty-five liters of water
-a hypodermic kit and flares
-
-a transmitter-receiver that works with solar energy (average frequency)


PREFERENCES 1. 50Kg Two oxygen tanks each -------- Because humans need oxygen to live.
2. Twenty-five liters of water -------- Because water is a vital necessity.
3. Fifty meters of nylon rope -------- This is what keeps us attached to the mothership.
4. Concentrates ------- Poruqe eating is a vital necessity.
5. A transmitter-receiver that works with solar energy (average frequency) ------ To communicate with the mothership.
6. A hypodermic kit and possible cures for -------.
7. A heater solar-powered ------- To get temperature.
8. A sky map of the lunar constellations ------- To orient.
9. Flares ------- For if we lose to signal.
10. A pot of milk powder ------ As a nutritional supplement.
11. A parachute silk ------- To seal coat.
12. ------ A compass for orientation.
13. An inflatable rescue boat ------ As carrying objects.
14. Two 45-caliber pistols ------- To end his days.
15. A matchbox ------- There is no point because no oxygen is not turned on.

2 º. We have seen the preferences that if NASA would.

NASA PREFERENCES
1. Two 50 kg tanks of oxygen each.
2. Twenty liters of water.
3. A sky map of the lunar constellations.
4. Concentrates.
5. A transmitter-receiver that works with solar energy (average frequency).
6. Fifty feet of nylon rope.
7. A first aid kit and syringes.
8. A parachute silk.
9. An inflatable rescue boat.
10. Flares.
11. Two 45-caliber guns.
12. A can of milk powder.
13. A heater that works with solar energy.
14. A compass.
15. A box of matches.


3 º. Finally, we made a comparison between the various features and elements of education:

ANALOGIES (depending on what each element suggests to me)
1. STUDENTS ------ Because there is no education without students
2. CURRICULUM ----- Because the curriculum is a vital element of education
3. TEACHERS ----- is the thread, which transmits information between students
4. CONTENT / OBEJTIVOS ----- Is the substance of the curriculum
5. ROF / COUNCIL ----- SCHOOL Maintains healthy coexistence
6. CLASSROOMS ------ is the element where the communication is maintained
7. ----- AMPA are the ones who clothe and support the school.
8. GUIDING ----- Are you oriented when it is lost.
9. ETCP ---- For students who for various reasons are lost, but more special.
10. CONTENT CROSS ---- is a complement to food.
11. GUARDIAN ---- are those that help and shelter to their students.
12. MANAGEMENT TEAM ---- guidance to all if at any time there is someone who gets lost.
13. EVALUATION ---- It the element that keeps us walking or not (most archaic concept of evaluation.)
14. SCHOOL FAILURE ---- It is what leads to evil.
15. ANTISOCIAL BEHAVIOR ---- It is something that is there and lights up when you meet certain requirements.

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ITEM 5: PLANNING TRAINING - SCHOOLS IN ORGANIZATIONAL

SUMMARY
for the proper functioning of the heart, a number of documents containing all the data make it possible.
Project Center is the all-encompassing. The PC is the governing and guiding the educational activities taking place in the center, which coordinates the director and approved by the school board. This document is a medium-long term consisting of:
* EDUCATIONAL PURPOSES: You must respond to the questions, where are we?, Who we are, what do we want? and how we organize ourselves?
* School Curriculum Project (CCP), articulates the actions of the teaching team. It is based on five areas: training plan, organizational plan, guide plan, plan and project evaluation stage curriculum.
* RULES OF ORGANIZATION AND OPERATION (ROF): includes the set of rules governing the coexistence in the school. It has themes that address aspects basic school life: involving parents, teaching materials and resources, governance and democratic management of the center, fellowship, information and communication channels and relationships in the environment.

short-term and consists of:
* ANNUAL PLAN CENTER (PAC) is concrete action that has previously been referred to in the document for educational purposes, PCC and ROF.
* FINAL ANNUAL REPORT: to present the situational status of the organization accountable for how they have invested their resources, etc. The performance of the memory comprises:
• Preparation of instruments
· Collection
data • Analysis of data
• Approval and forwarding of memory

IMPORTANT IDEAS
1. The Center Project encompasses all documents the short and medium / long term.
2. Educational Aims of the medium to long term.
3. The PCC of medium / long term
4. The ROF of medium / long term
5. The Centre's Annual Plan document short plazo.La Final Annual Report as a document climax and short term.

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TOPIC 4: THE WORK OF TEACHERS AND STUDENTS. COORDINATION OF STUDENT TEACHERS AND GROUPING

SUMMARY
Teachers can be arranged by the working groups: cooperative work, interdisciplinarity and the importance of institutional autonomy. The assignment of teachers to the classrooms can be: rotating, specialization levels, periodic changes of level, alternative or limited rotation of expertise and specialization areas.
teacher coordination is formed by: * Teams
cycle: the teachers of each cycle to prepare, plan and evaluate the plan for this cycle.
* Guardians teacher teaching in the group to ensure the group in learning processes.
* Technical Coordinating Team teaching: director, head teacher, coordinator of the cycle, coordinator Team guidance and support.

Students can be grouped in several ways: vertical organization
* : throughout their entire education. It is divided into grades, levels or cycles. Their basic criterion is age. *
horizontal Organization: distribution and clustering of each phase of education. Homogeneous groups are given (classification according to criteria of similarity) and heterogeneous (classified according to similarities) and flexible groups (groups variables according to the task at hand and for a limited time). From this last we can say that has three modes: multi-level system, organization curriculum and projects and places of activities and workshops. The possibilities of this grouping are:
- Large group: over 40 students and informational activities.
- Group means: 10 to 16 students and activities, dialogues, etc.
- Small group: 3 to 7 students and research activities.

- Single Subject: solo student reading activities, writing, etc.


IMPORTANT IDEAS
1. The faculty is organized according to the working groups.
2. The attachment of the classroom teacher can be for several reasons.
3. Teaching this coordination formed by the cycle team, tutors and technical coordination team teaching.
4. Students can be arranged vertically or horizontally.
5. Divides the vertical grouping in grades, levels or cycles, depending on age.
6. Horizontal clustering can be homogeneous or heterogeneous and flexible.
7. In the flexible group (horizontal) students can be organized according to the number involved.

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TOPIC 3: THE GOVERNMENT OF THE SCHOOLS AND SCHOOL PARTICIPATION PLANNING

SUMMARY
The school's organizational structure is: Ø
GOVERNING BODIES: where are present management team, director (decision maker, solution conflict, etc), the Director of Studies (academic performance, coordinating teachers) and secretary (economic management, law, etc.) and the collegiate governing bodies, school council (the highest organ of participation in schools) and faculty (comprised of all teachers in the center). Ø
representative bodies are the associations of parents of students (AMPA) where they can participate actively and constitutional law. They also receive support from the administration. Ø
teaching coordination bodies: (I will discuss the following topic)
organizational areas that occur in a school with the following:
- coordination and management (unite wills
,...) - teaching and learning (to facilitate the process of acquiring knowledge
,...) - wing logistics support learning (improving and organizing tasks which was translated into the PC)
- administrative support to teaching (have current administration sector)
- school services (all services that may be offered to the student)
- the socio-familiar ( initiatives, has the center)
The basic structures of the school organizations are three:
* structures for the central government (the management team, school board and faculty). They act under the principles of collaboration and cooperation.

* structures for the work of teachers (teaching coordination bodies).
* structures for student work (space, time and grouping). Determine the learning and training of students.
act in a school three types of arrangements: the pedagogical, organizational and economic.

IMPORTANT IDEAS 1. Center organizational structure derived from each of the laws.

2. Government bodies including the center director, head teacher, secretary, faculty and school board.
3. There associations of mothers and mothers (AMPA) to participate in the center.
4. In a school there are areas for organizational functioning.
5. There is a government that essentially guides and directs and management (pedagogical, organizational and economic) to achieve specific goals.
6. Centers managers as leaders promote mechanisms to open spaces for participation in the educational community, etc.

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The process of taking the proposition plan thematic units, projects and places of interest for meaningful learning.

Here is a summary of the theoretical part of the book of same title published by the teacher Maria del Carmen Curti (Aula, Montevideo, 1999).

for updates on the planning field is first necessary to agree on the concept of planning that we will manage.

Many

Teachers say "I do not plan." But in reality always planned. Surely what these teachers do not do is write what they will do in the classroom.

plan has two instances

¨: think and write the product of our mental development.

The questions it answers the schedule:
1) what to teach,
2) how to teach
3) when to teach and
4) what, when and how to evaluate.

1) What to teach.
teach to define what we will consider 2 aspects: the objectives and content.
The objectives underpinning our idea of \u200b\u200bhow learning children, the role of the teacher and the content features that we want the child to learn.

In traditional schools, they prefer the content, and the child was seen as a passive recipient.

The teacher's role was the transmitter, should translate the knowledge he had and make sure the children will remember. Model (normative).

In the early twentieth century movement emerged "new school", which focused on motivating the child to perform activities and interested in school work. Model (incentive).

Today we

que el conocimiento no se trasmite, sino que cada individuo lo construye por sí mismo a través de sucesivas aproximaciones en las cuales el error constituye una etapa positiva del aprendizaje. (Modelo aproximativo).

En los contenidos, tengamos en cuenta que la misión de la escuela es trasmitir saberes sociales (conocimientos que son válidos para una sociedad determinada en un momento determinado). Aunque es imposible que los niños puedan adquirir la totalidad del conocimiento social, por lo que la escuela a través del currículo oficial selecciona aquellos contenidos que considera pertinentes, y luego los maestros realizamos nuevos cortes y adaptaciones para adaptar ese currículo a la realidad de nuestra escuela y nuestro grupo particular. Además, cuando el conocimiento llega al niño sufrió una serie de transformaciones, en las cuales también intervienen los libros de texto como mediadores, que lo convirtieron de conocimiento científico en conocimiento enseñable. (Transposición didáctica).

Los contenidos pueden ser de 3 tipos:
Conceptuales (se trasmite información)
Procedimentales (desarrollo de capacidades y destrezas que queremos que el niño adquiera
Actitudinales (discusión, confrontación y transformación de actitudes y valores).

2) cómo y cuándo teaching.
The learning process of concepts developed through the need to resolve problems or answer questions. The teacher must pay constant attention to the answers, to constantly evaluate and reformulate their own proposals. In proposing a conflict or problem should be noted that the child has the tools to address it, although they are not the most appropriate, but the problem should be an insurmountable challenge in comparison with other children or with the help of the teacher. As Vygotsky says, what a child learns to do with others eventually learn to do it alone, if you take the time and opportunity to achieve it.

The previous knowledge of the child should be taken as a starting point to expand and deepen knowledge: proposals should not be so simple that only reaffirm.

Content must be related to other disciplinary content, so as to bring the child to the complexity of reality.
The learning process is more related procedures repetition of activities to develop certain skills.
The learning process of attitudes is based on confrontation and group discussion.

* The emerging.
topics are displayed in the classroom without that we have planned, by events, breaking news, etc.. Deserve the same attention as any curriculum content, by the interest aroused in the child. Before its inception, the teacher should consider what conceptual, procedural and attitudinal can address some of them.

* Lines cross.
are the issues of such a size are present in each grade in each school of interest, in each teaching unit. They are so called precisely because they travel throughout the curriculum and not be exhausted when treated in a module.
Examples: the preservation of the environment, health, critical consumption, human rights. Organize
units or projects on these issues is good, but not enough to exhaust them, will be present in the full range of content addressed in the classroom.

3) What, when and how to evaluate.
most important thing is not to be confused with other aspects of assessment that are derived from assessments such as grades or promotion. We have 3 time points: initial, formative and summative.

Initial assessment will be credited at the beginning of a new phase of learning, consulting and interpreting the history student's school or group, recording and interpreting answers and compoertamientos to questions and new situations. It allows us to find out what are the children's previous knowledge, attitudes, skills and potential. Formative evaluation

It takes place during the teaching process, to identify successes and challenges we are encountering. It is self-correcting, its function is to reformulate the proposals of the same teacher from the results. We consider the most valuable from the point of view of constructivist. Summative

is the most points of contact is with the traditional evaluation, as far as proposing a cut in the learning process. Serving the degree of fulfillment of objectives. It refers to the significance and functionality (usability) of the learning achieved, not only to verify that accrue.

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ORGANIZATION

The chart is a simplified graphical representation, in whole or in part, the structure of an organization, in terms of units, departments, sectors or jobs and relationships between them. Show the departmentalization of company, ie homogeneous tasks are grouped under logical criteria and in order to achieve better results overall.
Unlike operational wheel, which is the same for any type and size of company, organization charts grow as does the organization. However, adding or reducing squares in the chart are not effective ways to restructure a company if the employer does not have a clear idea of \u200b\u200bthe requirements to be met by the structure of your organization or not successfully transmitted subordinates.

grouping criteria
Departmentalization : clustering of activities of the organization units, areas or departments under logical criteria in order to obtain better results as a whole (developed from the base of the pyramid on top).
Delegation: The process by which a person gives one or more tasks to another person or unit giving all means for the accomplishment of this task, however, be delegated the task is still responsible for her face superiors. Decentralization
: delegation and diffusion of power to make decisions on different parts of the organization, therefore, not only gave the task but delegating the power to make decisions and responsibility on them.

Decentralized Organization
Faster decision making
Training employees accustomed to making decisions
Best internal climate derived from a high level of participation

Organization Centralized
Increased focus on organizational goal
Increased solving tasks problems
more structured system of management intermediate facility coordination

The departmentalization by function, one of the most widely used, has the advantage of specialization but tends to be compartmentalized as the various sectors interested in the work of others. Therefore currently using a purpose or object separation and thereafter implementing departmentalization by function.
For the development and implementation of an organization is essential that superior authority to delegate tasks to the lower. This delegation of tasks and authority to execute may be accompanied by the power to make decisions which are achieved greater decentralization of the organization. Despite this, the responsibility for the delegated task is left to the person delegated.

The departmentalization and decentralization rise to two types of differentiation ...
horizontal differentiation: there is much difference between the units of the same level, structures are usually born fragmented and each sector has a distinctly different culture and lose sight of the general idea of \u200b\u200bthe organization.
vertical differentiation: there are many hierarchical levels, currently being used as flatter structures otherwise communication is difficult, generates bureaucracy and make it difficult decisions faster.

The ideal of an organization is to have a low level of vertical and horizontal differentiation, which can only be achieved through structural integration that allows ...

• establishment of an integrated pattern of behavior unified action to guide the entire organization
• interareas controls contribute to coordination
• similar patterns with clear lines of formal authority
• management information system that does not require too many levels
• formation of committees, working group for a specific purpose, with employees from different areas.
  

organizational analysis
front of a chart can make three processes of analysis ... Structural Diagnosis
: analysis by area specifying the shortcomings of each, the departments that do not correspond to other areas with the reasons and indicating the approach of departmentalization. SWOT
: analysis of the strengths and weaknesses Company and the opportunities and threats from the environment
Recommendations: Suggestions for better performance.

EXAMPLE SCHOOL ORGANISATION:

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ORGANIZATION IN SCHOOL IN SCHOOL ORGANIZATION

The School a Organization for Education

The school represents a particular type of social system organization
All attempts to achieve two main social goals: achieve their goals and stay on time. It is based on the attitudes, perceptions, beliefs, motivations and expectations of people. Later we will see how it works in schools are characterized by attitudes and beliefs of teachers, principals, students and support staff.

Sometimes there is disagreement among members of a social organization around their goals and performance standards of its members, resulting in wide variability in the conduct of members and the organization's objectives. However, ensuring the effective functioning of the organization is relative stability in their objectives and conduct of its members.
A social perspective of education includes a look at social organizations serving the role (role) of its members, the rules prescribing such behaviors and values \u200b\u200bon which those standards are based (Katz and Kahn, 1966).

The school as an organization is characterized by: • Purpose and mission

• Hierarchical structure: roles system
• Subsystems

• Communication • Conflict
• Motivational Patterns
• Organisational culture: values, norms and roles

The role structure is made up of teachers, students, administrators and staff and service. These roles are assigned tasks that are considered to contribute to achieving the mission of the organization of schools: educating students and remain functional organization.

norms and values \u200b\u200bof the school integrate the various roles that the philosophy underlying the organization in relation to their tasks.
Despite the common features of any other social organization, the College has another distinguishing it as:
* The complex nature of the objectives are not sufficiently precise and measurable.
* When School aims to prepare for life, or the development of students and this is reflected in the goals levels and degrees of education, not clearly described the teacher's everyday behavior, its contribution to achieving that objective. Also you can not measure the success of the teacher in fulfilling its role as not only depend on their performance but represents a collective effort involving many people, other teachers, support staff to teaching and administrative service with different educational qualifications.

variability learning motivation of students to enter school.
is expressed in students with low motivation of this disruptive behavior inside and outside the classroom, in compliance unsystematic teaching assignments in the execution or extracurricular activities, participation in formal school life in contrast with the more motivated students to the study expressed satisfaction with the performance of tasks and school activities and the process itself learn. Parents and teachers call for children and young people to strive in the present for the future that still is not satisfied in their subjectivity and is expected to self-regulate their behavior, but they succeed or with external regulators (demands of adults) show little interest and become source of conflict.

performance relative invisibility of the role of teacher. It is noted that although achieving the objectives of the contest required the efforts of many, not enough interdependence among teachers, the quality of performance of a teacher does not affect (apparently) directly with the proper performance of other professional teachers. Some speak of "each teacher has his little book", others refer to it in the classroom what happens is solely up to the teacher and students and even some teachers who expressed his students, "that does not speak ". Fortunately, this is the exception not the rule. However, we draw attention to the school organization does not encourage anything that might that interdependence but, at present in our country are being created what conditions. From the above, it could explain a routine behavior, little creative teacher in the classroom alone monotonously repeated year after year the same classes with professional impoverishment and the negative effect on students.
The compulsory schooling.
not entering school or continuing in it for a personal decision of students. Parents prepare their children for this moment, in some cases not enough due to lack of guidance for action in this direction, and over the years of schooling, not always the activity of study is located at the top of the hierarchy motivation, however, the student attends class, studies and travels through various levels of education.

activities, events, events that occur in the School are evaluated by teachers, principals, students, parents and society.
activity study is one of the activities of school leadership development, adolescent and youth. The assessment of others and of himself dependent on individual progress. The success or failure rates of children's assessment of an authority figure like the teacher about the success or failure affects the child's school relations with parents; in position in the peer group and their self-worth.

The activity of the teacher also is evaluated by management and in recent years has incorporated the views of students in the formal evaluation.
Meanwhile, parents and society as a whole make judgments of value the quality of the management of the institution and teachers.

The school makes an assessment institution and evaluated by the company by the experts and the general population in terms of fulfillment of expectations around performance have all.

What is the importance of the domain of the distinctiveness of the school as an institution to the work of psychologist?
Consider these features allow a more comprehensive approach of the school reality, understanding their problems and make choices work for school intervention.
Lets not pass the threshold of the school in the dark but familiar with the specific characteristics that might facilitate the understanding of the successes, conflicts, problems that occur in it. Also note these characteristics influence in deciding which areas to make the diagnosis. By adopting the intervention strategy in solving problems. In short, places the specialist in the institutional context to understand their impacts on individual subjectivity and group of school protagonists of the plot.

Moreover, understanding the school as a labor organization and institution promotes the understanding of school events, aware of the organizational factors of social context, organizational climate, roles and expectations, personal characteristics, motivation and needs of both faculty and students.

The answer to the questions listed below to guide psychologists in their actions at school: What are the characteristics of the community in which the school is located? Culture population of which comes from both staff and students? Does the school size and its effect on student participation in school activities and extracurricular activities? inter lay eyes on the school organization.

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Role 707: inapplicable on the grounds not alleged, consisting of arbitrariness resulting from the possible application of DL 2695. Action

role in ruling in 707, the Constitutional Court rules on an inapplicable requirement referred to it by the Supreme Court on the occasion of the orders on appeal al rol N° 54.187-96 del Primer Juzgado Civil de Coronel, Forestal Mininco con Luis Méndez Faúndez, acción reivindicatoria. En dichos autos incide la aplicación del D.L. Nº 2695 de 1979, respecto del cual la Corte expresa, según la parte expositiva de la sentencia del TC “que en la causa ...(en la cual) ...se impugnan, entre otros, los artículos 15 y 16 del Decreto Ley N° 2695 (...) se debatió respecto de la eventual incompatibilidad de las normas citadas del Decreto Ley aludido con el artículo 19 N° 24 de la Constitución Política, entendiendo que su aplicación puede resultar decisiva en la resolución del recurso de casación que esa Corte conoce.” El origen de la duda the Court continued, "is based on the jurisprudence of this Court's opinion that articles 15 and 16 of Decree Law in question, (...) could affect the constitutional guarantee of property rights." According to the court, nobody could be deprived of his possessions except in the manner established in the Constitution itself, so that in the instant case "may appear meager and diverse normal deadlines set by the legislator, for what could be in the presence of a contradiction with Article 19 N ° 24 of the Constitution. " In short: the Supreme Court requires the Constitutional Court to rule on the applicability to the case you know, the arts. 15 and 16 of DL 2695, finding that the terms set out therein, for short, could constitute a deprivation of property contrary to the regulations of the Constitution. The Court welcomes the requirement on the grounds that the challenged provisions would be unconstitutional as applied to the case for going against the prohibition of arbitrary discrimination, noting, in the only paragraph of its statement that underlying this statement (13 º) the following: "That even in the abstract, as has been said, the process of cleaning up the domain of small rural and urban property regulated by Articles 15 and 16 of Decree Law No. 2695, 1979, appears as a special mode of acquiring ownership legally established and has a reasonable cause which makes specialty versus general rules for possession and ownership of real estate of the Civil Code, which might be involving unconstitutional deprivation of property, in its specific application to the case before it today the First Chamber of the Supreme Court is contrary to the Constitution, it would resolve a dispute over possession and ownership of rural real estate in accordance with legal requirements, the Articles 15 and 16 of Decree Law No. 2695, 1979 - Miscellaneous general provisions contained in the Civil Code, without, in the opinion of the Court, concur in the kind of reasons justifying the application of those special rules, which, should be used, would constitute an arbitrary difference and could lead to an unconstitutional deprivation of property . '(Emphasis mine)
dissenting vote, the minister Correa Sutil, contains an extensive argument to rule against the injunction and declare the provisions consulted. Its grounds, which are spread over a third of the preamble to the sentence, can be summarized as follows:
a) the order of CS and of the parties, only has referred to the possible unconstitutionality of the contested provisions under an injury to Article 19 No. 24 (and not the art. 19 No. 2 which is behind the failure of the TC) and may not qualify the requirement for a service not invoked in respect of which, if considered, should have listened to the parties
b) that the challenged provisions of Decree 2695 does not violate either in abstract or applied to this case, the right to property enshrined in Article 19 paragraph 24 of the Constitution, as are a manifestation of the prerogative of the legislature to regulate the field and contain at least one procedure that allows the concerned to defend their rights. "Within a year to avoid the registered holder to acquire new prescription, which is shorter than the general term of the Civil Code can not be estimated so short that prevents the former registered holder to enforce their rights. The legislature, empowered by the settlor to establish the means of acquiring the property, justified such a difference and as soon as the statute of limitations, on grounds of equity and social development that give it justification and reasonableness, such as transcribed in the tenth recital of the ruling. "
c) that the challenged provisions are not contrary to the Constitution in solving conflicts between ownership and property, thus providing a way to provide certainty to the domain: "What the mechanism does not lead to contested property disputes, but resolve them in favor of the holder who has benefited from the mechanism established by Decree Law"
d) in the absence of allegations of the parties on the vice of arbitrary distinction not reach a conviction that "in this particular case and the benefit of one of them, involving social goals away from pursuing this regulatory body, which considers constitutionally legitimate, and cause thereby against the other party dispute rule, a discrimination that has an arbitrary character, as required by a declaration of unenforceability.

This ruling raises questions interest. What procedural treatment should receive high requirement inapplicable by the parties or the court in the cases of art. I. 93 I No. 6 CPR? Is not this a procedural claim that annotates or delimit the jurisdiction of the court pursuant to the constitutional expression "matter" is subject to their knowledge (art. 93 i. XI "the question may be raised"?) How to implement the provisions of art. 3 of the Constitutional Organic Law of the Constitutional Court, which refers to exercise its jurisdiction at the request of national (constitutional) interested? One way of understanding this is that the court did not clearly understand linked the requirement inapplicable to the cause of action (the alleged defect.) How do you deal, then the prohibition of ex officio action if the Court means enabled for search-and-find no constitutional defects raised by the parties, or doubtful in the concept of requesting court? Or better how the court retains his impartiality when he himself is responsible for raising a complaint of unconstitutionality to the implementation of a law, criticism that has not even affected part in the respective instance?

Another interesting issue is the structure of the argument on the basis of an arbitrary application, used by the Court, noting that the application of DL 2695 would resolve a conflict: " without, in the opinion of the Court, concur in the kind of reasons justifying the application of those special rules, which, if it is used, would constitute an arbitrary difference and could lead to an unconstitutional deprivation of property . "(Emphasis continues to be mine) According to the doctrine of deference to the legislature recommended by the Court itself seems more likely that is required to justify or identify how, in this case, the application of the provision could be arbitrary, rather than requiring the reasons to show that its application is not arbitrary, especially when, as is apparent from its decision, the Court did not give the bodies concerned and the parties an opportunity to rule on this point, which otherwise could not have foreseen prior to the issuance of the ruling.
In closing, one last question: for whom and in what sense, can be considered arbitrary application of the provision to the case sublite, host to a possible deprivation of property? The ruling does not say: but Shall have said it, because the answer to this question is anything but obvious.

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inapplicable, possible denial of justice and procedural problems: role

In Case October 4, 2007 (role 542) the court rejects the request filed by Telemundi Electronics Limited one in the series against the art. CT 116. But this time the Court based its rejection solely on the CIRCUMSTANCES of "absence of management where it can be implemented pending the inapplicability requested." The wording of the ruling is curious: one would have expected a rejection "because there is no pending management can take place the application of the precept." However, this curiosity could be explained by circumstances that are not fully clarified in the decision at issue. And this by the following: the action is filed on July 20, 2006. The Court does not result in the cancellation. Subsequently, (in fact the May 23, 2007) is certifica que la Corte de Apelaciones que conocía de la causa, la de Santiago, había fallado y devuelto los autos al Servicio de Impuestos Internos con fecha 17 de Noviembre del año 2006. Lo que no queda completamente claro de la sentencia del Tribunal es la fecha del fallo de la Corte de Apelaciones; sin embargo, es de presumir que no fue anterior a Octubre, o, con mucho, Septiembre del 2006, si es que para Noviembre ya había sido devuelto el expediente al Servicio. Eso significaría que a la fecha de interposición de la acción, y un tiempo después, hubo gestión pendiente en que podía incidir la aplicación del precepto.
Quisiera dejar este punto abierto, por lo gravitante que me parecen las consecuencias in the case of taking it as true. This is for the following: if the action was filed before the Court on July 20, 2006, and he did not order the suspension of proceedings, the action referred to in art. I. 93 I No. 6 could become entirely ineffective by the same procedure of the Tribunal. In general, sufficient to avoid ruling on any matter which the court denied a stay of proceedings of the respective management and await the decision of the respective instance and then fail, as it does in the role in consideration, rejecting the no action management exist yet. Obviously, "pending management which may take effect the inapplicability requested "because the management does not yet where he could have, and it took place, the application of the precept that motivated the claim of the actor.
As I said, I do not assume that this is the case, because, if so The figure seems very close to that of denial of justice, the same court procedure act constitutes a cause for rejection of the intended action.
However, the problem does not end at this point: the question raised other procedural issues. As I said Eduardo Cordero: What happens if the Court, without order suspension of the proceedings, decided to rule on the inapplicable once the matter has already been decided? How do you articulate rules of procedure (civil, criminal, etc.). delaración on this? Could it be a cause of invalidity in respect of the sentence, and if so, under what rules Shall be processed the same?

The adequacy of the Constitutional Act of the Constitutional Court for constitutional reform of 2005 does become increasingly urgent need.

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542 Response to previous post: Raul Letelier

Dear Eduardo,
First of all congratulations on your Blog.
As always your questions are always interesting. But I think in terms of current pronouncements of inapplicability of Art. 116 should not generate much alarm especially with the understanding that the attitude is having the TC is precisely correct. Although its foundation no great clarity is expected that over time will refine his argument on this point.
In fact, the CT has been clear when stated in 724-07 Role that what he has to determine is whether "Article 116 of the Tax Code, legal provision challenged in this process, you may receive management application pending, if it is crucial, then, if it produces effects contrary to the Constitution. "
Moreover the same statement emphasizes that in its fifth recital earlier ruling that no retroactive repeal. So, we've come to wonder constitutional judges is whether that repealed Art. 116 continues to receive application in the sense of current source of law and not simply a justification of past effects. And his answer is so simple: while this art. 116 did not apply for having revoked the delegation of powers and especially since been withdrawn as this can not be considered irrelevant. Thus the formula employed by the Tribunal is to reject the appeal because they no longer exist constitutional conflict "so that the judiciary is inappropriate to rule on the unconstitutionality of it."
lighter the Court when it states that "he could only make pronouncements on the disapplication request and, a contrario, does not include deciding on the validity of actions and decisions of the tax process followed before a court-appointed prior to the revocation of the delegation or the publication in the Official Journal of the ruling of unconstitutionality ". Why have the constitutional judges should not rule on each are proceedings before the revocation but this does not mean that these actions are zero but instead are entirely valid in both have been generated under the legitimate purposes of a law only subsequently repealed. And it will be precisely this validity which must be recognized now by the judges know the respective ordinary process.

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The Constitutional Court would you like a fuzzy control system constitutional? Role

In a series of recent rulings, the Constitutional Court (hereafter CT) requirements has commented on the inapplicability of Art. 116 of the Tax Code, relating to claims initiated prior to the declaration of unconstitutionality of that provision (role 681, 26/03/2007). The Court used as arguments considerations to date and are standard: the reference to the revocation of delegations made under art. 116 of the CT, and the repeal of that provision. That paragraph 7 of the sentence in role 714: "... the constitutional conflict raised by the applicant has ceased to exist, since, revoked the delegation of powers of Article 116 of the Tax Code, this rule does not receive application, especially if it is withdrawn, which is inappropriate for the judiciary to rule on the unconstitutionality of it. " TC Case says precisely that the petition be declared inadmissible inapplicable. This line of jurisprudence has addressed the dissenting ministers and Fernández Baeza Correa Sutil who stand on the one hand, the inconsistency of the argument for revocation of delegations based on the art. 116 CT in relation to cases earlier that the Tribunal met and decided the inapplicability of that provision, notwithstanding such revocation. On the other hand, point out that "... outstanding management, called the tax court officer was appointed and ceased acting role was in full force while Article 116 of the Tax Code which calls inapplicable." It is from this argument it is clear that the TC, by refusing to address the inapplicability, is giving retroactive effect to the repeal of art. 116, against the express constitutional text.
However, the central question is another: to fail in this way the TC returns the issue to court will have to solve the matter. This court is faced with a legal provision is effective with the emergence of the facts and the matter submitted to it, and therefore has to consider, but, on the other hand, knows unconstitutional, and declared as well. The judge has to resolve in this chute in which the judiciary has forced constitutional. What argument can use model?
What gives the Constitution the TC is the power to declare unenforceable a legal requirement as unconstitutional application in a case. Therefore, this option aims to relieve the body of the request, or to the respective hearing the appeal, the issue of conflict between the legislation and the Constitution. Eliminates the inapplicability to the court hearing the case, the problem of an unconstitutional provision. It is, therefore, a way to resolve the antinomy in the instance, but to prevent it. Therefore, the power granted in Art. I. 93 I No. 6 of the Constitution is not a provision which can be understood to deprive the court of an option attached to it, which is the ruling on the antinomy when it occurs. Still less could be estimated that the consecration of the appeal waiver was inapplicable to the judge of the instance of their duty to comply fully with article 6 CPR and give primacy to the Constitution on the contrary precepts. With its jurisprudence on art. 116 CT, the Constitutional Court seems to want to push the other courts of the nation to recognize its power to prevail directly the Constitution against legal precepts that have not been declared unenforceable. Who would have thought that the theory of fuzzy control, the doctrine advocated by authors such as Lautaro Ríos and José Ignacio Martínez, would find an ally at precisely the organ in which, with the 2005 reform was intended to concentrate the powers constitutional control!

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The Case 783, Part II: present system agreed and legitimate interests

In a previous column (05.09.2007) I presented a number of topics relating to fundamental rights emerge from the analysis of the Constitutional Court ruling handed down in the role N º 783/2007. Additionally, this statement touches aspects of the system of sources, which I find of interest comment.

a) Grounds for the power to issue writs agreed: the tradition as a source of law and the requirement of express attribution of powers, Article 7 of the CPR.

Until the constitutional reform of 2005, orders agreed constituted a source of law was developed primarily in the area of \u200b\u200bthe practice of collegiate courts, with some sporadic legal referrals, and poor treatment doctrine. Whether that practice as the study by the authors understood without question that they (the car agreed) were manifestations of the economic powers of the tribunals. They did not have a constitutional source, and its content was, in any case, given the legal regulation. The constitutional reference to the powers of superintendence of the Supreme Court does not alter this statement as only gives the correctional supervision and economic policy on the courts of this nation, but states that they should enjoy some of those specific powers, except what's up to the disciplinary authority of constitutional power in the art. 82.
After the reform, the picture changes, because the Constitution itself validates the rules of the cars production agreed at the level of appeals courts, Supreme Court and Electoral Court. The Court takes note of this when he notes that "If Article 93 N º 2 (sic) of the Constitution gives the judiciary the power to review the constitutionality of these rules, it is clear that validates this competition" (c. 24 °) without But by analyzing the source of the power to issue writs agreed, the Constitutional Court chooses a path of dubious constitutionality. This, as states that "always" has been understood that the ability to issue orders from the powers agreed economic that fall in the first place, the Supreme Court, but also to the Courts of Appeals. This is a questionable turn of our Constitutional Court to legal sources, or at least no positive legal and public legal system of our country. Is the reference to a source immemorial practice of law in Chile? If any doubt remains regarding the response to the Constitutional Court gives to this question, just read the end of the same paragraph 24: "The reduced regulatory environment that the applicant intends to assign to the Court agreed does not agree with the tradition of the important issues, from colonial times , the Royal Court first and then the Supreme Court are regulated by means of agreed orders. " Emphasis mine.

Actually, these references were completely dispensable in the sentence, so only call more attention to the inconvenience of incorporating the idea of \u200b\u200btradition, in a legal system based rational cutting policy, at least in the legal age in positive law. If you do not keep our commitment to this premise, subsection II of Article 7 of the Constitution begins to crumble dangerously. The source of the power of the courts of appeals to issue writs is agreed in the art. 93 of the Charter, and not in others precepts. It should be noted when reading the sentence in consideration, the Court finds that the power to issue writs is enshrined in the Constitution expressly agreed in the art. 82 CPR (c. 24: "... it is understood that the ability to issue orders from the call agreed economic powers are responsible, first, to the Supreme Court, but also to the Courts of Appeals. This power has enshrined in the Constitution also stated in Article 82, a provision that is repeated in our constitutions since 1828 ") The question of where, under article 82, the Court follows the power to issue writs agreed. What this article dedicated is the disciplinary authority of higher courts and the executive, correctional and economic information on all courts in the nation, but gives the courts of the Nation's economic powers: those that have (under the law, and after reform of 2005, under art. 93 of the Constitution regarding the issuance of agreed orders) are subject to the superintendence of the CS, but the article says nothing more. And if the Court wants to see something else in Article 82 reiterates the question: what is the scope of the express provision requiring the authority or duties provided for in art. 7 i. II CPR?


b) Auto agreed: the implementing regulations, autonomous, or a new type of alternative or supplementary rules? Made
reference to the traditional foundation of the faculty agreed to issue orders, the Court will now consider what appears to be the question: what is the scope of this power to issue writs agreed?. The task of the Court here could not be easier, for one simple reason: the correlation between Articles 63 and 32 N º 6 of our Charter, is that the font system is closed, what is not given to the law is delivered to autonomous regulatory authority. Indeed, the exercise of the latter in its entirety could have been Estimated prejudicial to the independence of the judiciary, if within this independence include the notion of regulatory autonomy. But this argument runs into two obstacles. The first is that the Constitution nowhere explicitly enshrines the independence of the judiciary. On the other hand, the Constitution does not provide a regulatory reserve for the judiciary as if the beholder, for example, for the regulation of the chambers (art. 56 CPR) or come down in the National Security Council ( CPR 107) central bank (for their agreement) regional council (art. 113) or the municipal council (art. 119 CPR). In all these cases, the argument of the interpretation systematic, well applied, leads us to conclude that where the Charter has sought to justify an exception to the residual nature of self-regulation on the law within the system of sources, has been providing allotments to the respective regulatory bodies. Must the mere mention of the car agreed to be subject to constitutional control, as a general constitutional authorization of the respective powers that make norms? But if so, left open the question anyway: what content? This question is not trivial, as it not only comes to define the regulatory scope of the present agreed on the regulatory power of PdlR, but respect the legislature itself could enter to regulate the power to make these cars agreed.
The solution gives the Court seems to inaugurate a new principle or criterion to address the system of sources in the Constitution, and how they operate, and used as criteria for rating the subsidiarity: there would be matters that are not assigned strictly legal, but due to a preventive approach, so that while they have not been regulated by the legislature, the courts could order them through an agreed order. While the ruling states in paragraph 25 º that cars can not regulate matters agreed that the constituent reserved by the legislature at the same point 25 º, the sentence reads: "In areas of operation that the legislature has not established standards or in case the Constitution has not booked it, the very court may self-regulate." An item analysis exposes what really raised by the Court. If it comes to ways in which the legislature has not established standards and competence within its field, the Court suggested that the inaction of the legislature gives the courts powers to regulate the matter. If these are aspects in which the legislature has not set standards because they are not within its competence, the statement is trivial. And if matters are that the Constitution has not expressly given to the legislature, which, according to mandate of the art. 32 N º 6 correspond to the regulatory powers of PdlR, the court does not justify how they spend the jurisdiction of that authority to the courts.
What the Court fails to justify is what the constitutional basis for the allocation of extra regulatory powers to enable the courts of appeals and Supreme Court to regulate a matter of law (and something that speaks of an area where the legislature has not issued the relevant regulation) by the fact that the legislature has not exercised its powers.

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sources as constitutional rights: the role

Regarding the failure and title of this post, only two questions. The court noted in its role as No. 634 legitimate individual interests should be understood within a broad approach to the concept of "right" (c. 21 °), and thus can be understood in the Constitution, referring to art. 1 of the Charter .. I assume that an interest is legitimate particularly when it encounters an endorsement in the legal system. No one could argue, well, the legitimate interest of the future heir. But if that interest, once considered mere expectation, is a legitimate concern, this implies, according to the Court, which is a right, in its corresponding category, nature heritage, protected by art. 19 No 24. And here the question, then the legislature could deny the same to potential heirs without compensation? Did it consider, the court weighed the consequences for the entire legal system had this statement?