Power is having a legal authority granted by the State. To whom it is granted (power) is the holder of a power that places him in a superior legal position in relation to the obligated subjects.
It can also be said that power is a general power of action that is conferred by the legal system and makes some people be obliged to something.
However, power does not only mean rights, but also obligations.
Characteristics of power
The most essential of this legal power is:
- It is usually granted to public institutions, such as the General State Administration, the Legislative Power or the Executive Power.
- Power carries with it certain rights. The holder of the same may exercise this power before the obligated subjects so that they comply with their obligations.
- In the legal field, it means that, if the obligation is not fulfilled by the obligated subjects, whoever has the power may use coercive force to ensure that it is fulfilled. For example, the state security forces have the power to ensure order. In the event that it is not complied with (maintain order), these State forces have the obligation and in turn the power to enforce it.
- It cannot not be exercised, it is the duty of the holders of the power to exercise it. It is inalienable.
Depending on what legal field we find ourselves in, there are different types of power. Here we see some of them:
- Administrative: To be able to develop the objectives established by law.
- Disciplinary: Impose sanctions on those who fail to comply with the regulations.
- expropriation: Power to remove assets or rights when the requirements established by law as public utility are met.
- Jurisdictional: Power to judge and execute what has been judged.
- Tax: Establish liens in accordance with the regulations.
The power known as parental authority is the power that is granted to parents by the legal system and that links them to their children. It is an example that power is not only granted to public institutions, but can also be granted to individuals.
Parental authority is the legal relationship that links parents and children and generates rights and obligations that parents must fulfill for the benefit of their children.
The content of this homeland constitutes obligatory duties and powers, for example, looking after minors, keeping them in their company, the duty to feed them or the duty to educate them and provide them with comprehensive training.