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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions, targeting indirect behaviors, authorizing agency ...
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Primary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as ' acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executiv ...
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Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning, but in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Eng ...
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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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Passage (legislature)
A bill is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the executive. Bills are introduced in the legislature and are there discussed, debated on, and voted upon. Once a bill has been enacted into law by the legislature, it is called an '' act of the legislature'', or a ''statute''. Usage The word ''bill'' is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom, including the United States. The parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In nations that have civil law systems (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law is known as a "law project" (Fr. ''projet de loi'') if introduced by the government, or a "l ...
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Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the Legal name, official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. What is considered to be the first modern parliament, was the Cortes of León, held in the Kingdom of León in 1188. According to the UNESCO, the Decreta of Leon of 1188 is the oldest documentary manifestation ...
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Enrolled Bill
In the United States Congress, an enrolled bill is the final copy of a bill or joint resolution which has passed both houses of Congress in identical form, and been signed by the clerk of the house or the secretary of the senate. In the United States, enrolled bills are engrossed—prepared in a formally printed copy—and must be signed by the presiding officers of both houses and sent to the president of the United States for approval. The practice of engrossing a handwritten copy in the style of an illuminated manuscript fell out of favor in the 1790s. The 1789 Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ... did receive this treatment. See also * Enrolled bill rule References Terminology of the United States Congress {{US-Congr ...
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Prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic beverages. The word is also used to refer to a period of time during which such bans are enforced. History Some kind of limitation on the trade in alcohol can be seen in the Code of Hammurabi () specifically banning the selling of beer for money. It could only be bartered for barley: "If a beer seller do not receive barley as the price for beer, but if she receive money or make the beer a measure smaller than the barley measure received, they shall throw her into the water." A Greek city-state of Eleutherna passed a law against drunkenness in the 6th century BCE, although exceptions were made for religious rituals. In the early twentieth century, much of the impetus for the prohibition movement in the Nordic countries and North America ...
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Slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as race or sex. Slaves would be kept in bondage for life, or for a fixed period of time after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and existed in most socie ...
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Order In Council
An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' King-in-Council''); however, in other countries, the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval. Types, usage and terminology There are two principal types of order in council: orders in council whereby the King-in-Council exercises the royal prerogative, and orders in council made in accordance with an act of Parliament. In the United Kingdom, orders are formally made by the monarch with the advice of the Privy Council ('' King-in-Council or Queen-in-Council''). In Canada, federal orders in council are made in the name of the Governor General by the King's Privy Council for Canada; provincial orders-in-council are of the Lieutenan ...
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Constitution Of The United States, Page 1
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution define ...
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