The right of petition is one of the most valuable tools that the national constitution has granted to the individuals of a country so that they have the possibility of demanding information and answers from the administrative authorities on a certain topic of interest and in the event that These institutions do not comply with the request, they would be incurring an administrative offense that may be punishable. This type of right is agreed in the national Constitution and it is through this right that citizens are enabled and given the possibility to have the option of submitting applications and petitions.to the authorities, so that they are given information on situations of general and / or particular interest .
It is the right that every citizen has, either individually or legally , as an organization or group, to be able to request or claim before the authorities, usually governmental , the reasons and responses of public interest.
- What is the right to petition?
- What is the right to petition for
- Right of petition by country
- How to make a right to petition
- How to answer a right to petition
What is the right to petition?
The right of petition consists of the capacity and the right that people have to be able to present before the governmental entities or before certain individuals , the request so that a certain situation is explained to them. It also consists of the obligation on the part of the government to comply with said request, which can be in general or particular.
What is the right to petition for
The right of petition is useful in the following cases:
- To be able to complain about irregular conduct by a public official or an employee of a private company that provides a public service to the public.
- To be able to make claims for the unjustified suspension of a public service or because it is given to the client in an inefficient way.
- So that individuals have the opportunity to express their opinion regarding one or more applicants on a certain related to a public entity.
- To be able to request information on the way of acting of a public entity , on public documents , or on copies of documents that are in a public office.
The main characteristics of the right of petition are the following:
- It is part of democracy
- Help ensure other rights
- Increase freedom of expression .
- It is inalienable, inalienable and imprescriptible .
- It cannot be violated.
- It is a right recognized by law .
Within the different legal systems of the countries, three different types of petition rights can be observed with greater frequency, which vary depending on the subject to be dealt with. These are the following:
- Right of Request for information request : it is when some type of information is requested on one or more facts that correspond to the knowledge of the nature of the requested entity.
- Right of Request to formulate consultations : this request was made to obtain an opinion on a fact within the authority of the administration.
- Right to Request a complaint : it is the request that makes an entity aware of an irregular situation in the operation of its services.
There is actually no exact date of when the right to petition began. Some historians think that it comes from the political constitution , but it is believed that it actually comes from Europe , mainly in Asian-type monarchies and tyrannies.
A curious fact is that during the late medieval practice , it was a normal custom for the different kingdoms, that the subjects went to the king to make requests of thanks or redress of grievances.
For some other researchers, the right of petition originates in England , and was practiced in the same way, making petitions to the king.
In the thirteenth century, the subjects had the ability to address the monarch to give thanks and this was originated by the supreme judicial instance or the king, and the moral and religious duty that was treated with mercy for the subjects.
Right of petition by country
This right can be found in article number 8 of the Mexican Political Constitution. Public officials and employees will respect the right of petition, provided it is formulated in writing, in a peaceful and respectful manner. Any request must be subject to a written agreement from the authority to whom it has been addressed, which has the obligation to make it known to the petitioner shortly.
In Spain it is a fundamental right whose ownership corresponds to every natural or legal person , regardless of nationality, and which is found in article 29 of the Constitution and developed in Organic Law 4/2001. It is a right that can be exercised individually or collectively, either to address the public powers or to inform these certain facts, or demand an intervention, or both at the same time.
The right to petition is very important for citizens because it is the constitutional guarantee that can ensure that the state must respond to any type of petition from the people, as long as it is done in writing and respectfully . It is considered one of the pillars of the ideal of democracy , government or of the people for the people.
How to make a right to petition
In order to make a right to petition correctly, it must contain at least the following aspects:
- The designation of the authority to which the right to petition is directed.
- Your full names and surnames , as an applicant and those of your representative, when applicable, your identity document and your address .
- The object of your request.
- The reasons that you have to elaborate the right of petition.
- The supporting documents that accompany your right to petition.
- Your signature as petitioner.
How to answer a right to petition
The answer given to the right to petition must be clear and must der to give a solution suitable and effective for doubt has been presented at the least, you should clarify the doubts that have arisen in the petition. It must be a punctual , pertinent and precise answer . You cannot give vague answers , that evade information and that do not offer the person who asks you information about the situation.
An example of a request would be the following:
Lucas Sánchez, by my own right and based on article 8 of the Political Constitution of the Mexican States, indicating as address to notify the written agreement that falls at my request is located in avenida siempre 123 colonia … I come to request: to my knowledge the number of collaboration agreements entered into by the institution under his charge as well as the people with whom said agreements were entered into and the purpose of the same.