So, as the title of this post, in the course of this week passed two laws intended to regulate, inter alia, snuff consumption in commercial establishments that are not outdoors.
One of them was approved by the City and is by its jurisdiction and competentcia, local application. The other, was approved by the Senate and is, therefore, federal enforcement.
The problem relates to the hierarchy that must keep the law, ie that law is under the other.
While the law passed by the DFaplica only in that state, so is that it is a local law enforcement and contrary to federal law enforcement (the law passed by the Senate). With this, come a series of problems of application of the rules, ie, that rule must be applied and that rule is to "forget." Returning
part of the hierarchy of laws, content and application of federal law will always be on the content and implementation of a local law, therefore, if local law prohibits any business which is not Outdoor snuff consumption within their facilities and the federal law allowed for this activity area will prevail pointed out by the latter.
This will bring a cascade of legal uncertainty that could affect the legal rights of the governed; because if it is true that federal law prevails over local, so is that the authorities, knowing his act (except elements and honest officials) try to make effective local legislation and ignore the federal law as it is in its interests .
hope this controversy of a constitutional nature is resolved soon. It is worth mentioning that I am not discover these laws, on the contrary, I believe that both have a tendency to fill a critical need for the people, but we must attend to before to safeguard the rule of law enshrined in our Federal Constitution.
Likewise, if the intention is to protect health of those who do not smoke and thereby help those who do believe that we must begin by tobacco companies, since they are the ones that are largely responsible for people who smoke are addicted to this vice.
Greetings and see you soon.
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