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Fundamental Principles Recognized By The Laws Of The Republic
In France, the fundamental principles recognized by the laws of the Republic (French: ''principes fondamentaux reconnus par les lois de la République'', abbreviated to PFRLR) are certain principles recognized by the Constitutional Council and the Council of State as having constitutional force. This concept is mentioned briefly in the preamble of the Constitution of 1946. The preamble of the constitution of 1958 references the 1946 preamble, and the constitutional judges, in their "freedom of association" ruling, decision n°71-44 DC of 16 July 1971, gave constitutional force to this preamble. Initial appearance Fundamental principles were mentioned in a budget law of 31 March 1931 (article 91) to characterize , in JORF, 1 April 1931. pdf p. 3585. This was adopted as a compromise by deputies from the Popular Republican Movement (MRP) when writing the Constitution of the Fourth Republic, since the SFIO (socialist) and PCF (communist) deputies had declared themselves hos ...
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Principle
A principle may relate to a fundamental truth or proposition that serves as the foundation for a system of beliefs or behavior or a chain of reasoning. They provide a guide for behavior or evaluation. A principle can make values explicit, so they are expressed in the form of rules and standards. Principles unpack the values underlying them more concretely so that the values can be more easily operationalized in policy statements and actions. In law, higher order, overarching principles establish rules to be followed, modified by sentencing guidelines relating to context and proportionality. In science and nature, a principle may define the essential characteristics of the system, or reflect the system's designed purpose. The effective operation would be impossible if any one of the principles was to be ignored. A system may be explicitly based on and implemented from a document of principles as was done in IBM's 360/370 ''Principles of Operation''. It is important to differe ...
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Jus Soli
''Jus soli'' ( or , ), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to ''jus sanguinis'' ('right of blood') associated with the French Civil Code of 1804. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. There are 35 countries that provide citizenship unconditionally to anyone born within its national borders. Some countries outside the Americas with mixed systems extend ''jus soli'' citizenship on a limited basis to children who are not ...
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Freedom Of Conscience
Freedom of conscience is the freedom of an individual to act upon their moral beliefs. In particular, it often refers to the freedom to ''not do'' something one is normally obliged, ordered or expected to do. An individual exercising this freedom may be called a ''conscientious objector''. The right to freedom of conscience is recognized by several international conventions, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. It is distinct from but closely related to freedom of thought, freedom of expression and freedom of religion. See also * Artistic freedom * Autonomy * Cognitive liberty * Conscience clause (education) * Conscience clause in medicine in the United States * Conscientious objection to abortion * Conscientious objection to military service * Freethought * Intellectual freedom * Liberty * Political freedom * Prisoner of conscience * Vaccine hesitancy and religion * Vegan school meal * Whistleblowing Whistleblow ...
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Academic Freedom
Academic freedom is the right of a teacher to instruct and the right of a student to learn in an academic setting unhampered by outside interference. It may also include the right of academics to engage in social and political criticism. Academic freedom is often premised on the conviction that freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia, and that scholars should have freedom to teach or communicate ideas or facts (including those that are inconvenient to external political groups or to authorities) without the fear of being repressed, losing their job or being imprisoned. While the core of academic freedom covers scholars acting in an academic capacity (as teachers or researchers expressing strictly scholarly viewpoints), an expansive interpretation extends these occupational safeguards to scholars' speech on matters outside their professional expertise. Academic tenure protects academic freedom by ensuring ...
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Fundamental Rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace. List of important rights Some universally recognised rights that are seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, include the following: * Self-determination * Liberty * Due process of law * Freedom of movement * Right to privacy * Freedom of thought * Freedom of conscience * Freedom of religion * Freedom of expression * Freedom of assembly * Freedom of association Specific jurisdictions Canada In Canada, the Chart ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human Rights, in addition to numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused i ...
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Association Loi De 1901
A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or social benefit, as opposed to an entity that operates as a business aiming to generate a profit for its owners. A nonprofit organization is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. Depending on the local laws, charities are regularly organized as non-profits. A host of organizations may be non-profit, including some political organizations, schools, hospitals, business associations, churches, foundations, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be tax-exempt, and some may also qualify to receive tax-deductible contributions, but an entity may incorporate as a nonprofit e ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizati ...
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Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ...
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National Sovereignty
A nation state, or nation-state, is a political entity in which the state (a centralized political organization ruling over a population within a territory) and the nation (a community based on a common identity) are (broadly or ideally) congruent. "Nation state" is a more precise concept than "country" or "state", since a country or a state does not need to have a predominant national or ethnic group. A nation, sometimes used in the sense of a common ethnicity, may include a diaspora or refugees who live outside the nation-state; some dispersed nations (such as the Roma nation, for example) do not have a state where that ethnicity predominates. In a more general sense, a nation-state is simply a large, politically sovereign country or administrative territory. A nation-state may be contrasted with: * An empire, a political unit made up of several territories and peoples, typically established through conquest and marked by a dominant center and subordinate peripheries. * A ...
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Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ...
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