Institutional organization
Introduction
Institutionality understood as a basic attribute of the empire or the republic, within a rule of law. Consequently, it is understood that, if a state in the exercise of its full sovereignty configures its political-administrative distribution in light of the division of powers, then that republic will be made up of all the organizations (understood in the abstract) that direct that empire and its execution at the service of the people and in pursuit of the common good.
It should be noted that there is no complete consensus on the scope that should be given to the term, thus some attribute its normative-administrative character as the particularity that determines the institutionality and differentiates it from other methods of state execution, however others point to it as the attachment of contemporary society within the development of governmental, administrative, constituent, legislative and judicial powers.
In general intuitive lines of time, it should be understood that a society or a State has its institutionality more advanced and stronger, the more efficient the regulations and laws that are applied are, and the fewer distortions are verified in the regulations and resolutions.
Institutionality within the Rule of Law
A rule of law is where processes are the preferred instrument to guide the behavior of citizens. Certainly transparency, predictability, and generality are implicit in it. This facilitates human interactions, allows the prevention and effective, efficient and peaceful resolution of conflicts, and also helps sustainable economic development and social and moral peace. To have an effective rule of law it is necessary:
Institutionality within the Legal System (System)
When a legal system is a set of rules that interact with each other and are interconnected on the basis of principles of general application, it is called a legal system. According to the English jurist at Oxford University, Herbert Hart, law is made up of two types of legal rules: primary legal rules that impose obligations of conduct (for example, the rule by which it is obligatory to pay taxes), while secondary legal rules confer powers for some people to introduce primary rules (for example, the rule that empowers the Chamber of Deputies to set taxes). A legal system is, according to Hart, a set of primary and secondary legal rules that enjoys a certain effectiveness.
Political Institutionality
They refer to political society, and they regulate the structure and bodies of the state government. According to the criteria presented by UNESCO in 1948, referring to the objects of study of political science, political institutions are related to the following concepts: