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Retroactive Law
An ''ex post facto'' law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto law'' called an amnesty law may decriminalize certain acts. Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered. A pardon has a sim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 7 Of The European Convention On Human Rights
Article 7 of the European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ... sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *'' Handyside v United Kingdom'' (1976; no violation found, 13–1) *'' Kokkinakis v. Greece'' (1993; no violation found, 8:1) * Nikola Jorgić (2007; application ruled partly inadmissible and no violation found, unanimously) * Mykolas Burokevičius (2008; no violation found, unanimously) * Vassili Kononov (2010; no violation found, 14:3) *''Maktouf and Damjanović v. Bosnia and Herzegovina'' (2013; violation found, unanimously) * Nikolay Tess (2014; application ruled inadmissible, unanimously) Other judgements involving Article 7 * Ines Del Rio: case of the Parot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Foreign Affairs And Trade
The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian government responsible for foreign policy and international relations, development aid (under the name Australian Aid), consular services, overseas trade, and investment (including trade and investment promotion Austrade). Australia's total official development assistance (ODA) (US$3 billion) decreased in 2022 due to differences in Australia's financial year reporting and the timing of its COVID-19-related expenditure, representing 0.19% of gross national income (GNI). The head of the department is its secretary, presently Jan Adams. She reports to Penny Wong, who has held the position of Minister for Foreign Affairs since 2022. History The department finds its origins in two of the seven original Commonwealth Departments established following Federation in 1901: the Department of Trade and Customs and the Department of External Affairs (DEA), headed by Harry Wollaston and Atle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Human Rights Commission
The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies. The ''Australian Human Rights Commission Act 1986'' articulates the Australian Human Rights Commission's role and responsibilities. Matters that can be investigated by the Commission under the ''Australian Human Rights Commission Regulations 2019'' include discrimination on the grounds of age, medical record, an irrelevant criminal record; disability; marital or relationship status; nationality; sexual orientation; or trade union activity. Commission officebearers The Commission falls under the portfolio of the Attorney-General of Aus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polyukhovich V Commonwealth
''Polyukhovich v Commonwealth'' (1991) 172 CLR 501; 991HCA 32, commonly referred to as the ''War Crimes Act Case'', was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth. Background Th''War Crimes Act 1945'' (Cth)provided that any person who committed a war crime between 1 September 1939 and 8 May 1945 was guilty of an indictable offence. Ivan Timofeyevich Polyukhovich had been charged under the Act with war crimes, alleged to have been committed between September 1942 and May 1943 in Ukraine while it was under German occupation in World War II. Polyukhovich's lawyers argued that the law was beyond the scope of Commonwealth legislative power in section 51(vi) (defence) and section 51(xxix) (external affairs) of the Constitution. He further argued that the attempt to make past criminal conduct an offence was an invalid attempt to usurp t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminalization
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws, and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo ''de facto'' criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system. The problems There has been some uncertainty as to the nature and extent of the contribution to be made ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bottom Of The Harbour Tax Avoidance
Bottom may refer to: Anatomy and sex * Bottom (BDSM), the partner in a BDSM who takes the passive, receiving, or obedient role, to that of the top or dominant * Bottom (sex), a term used by gay couples and BDSM * Buttocks or bottom, part of the anatomy on the posterior of the pelvic region of apes and humans, and many other bipeds or quadrupeds Arts, entertainment, and media * Bottom (TV series), ''Bottom'' (TV series), a British sitcom and stage show * "Bottom", a song by Puddle of Mudd from ''Life on Display'' * "Bottom", a song by Tool from ''Undertow (Tool album), Undertow'' * ''Bottom'', a 2011 film by Todd Verow * Nick Bottom, a character from Shakespeare's ''A Midsummer Night's Dream'' * The Bottoms (novel), ''The Bottoms'' (novel), a 2000 novel by Joe R. Lansdale * ''Bottoms'', a 1966 film by Yoko Ono * Bottoms (film), ''Bottoms'' (film), a 2023 film by Emma Seligman Geography * Bottom (valley), the floor of a valley ** List of geographical bottoms, list of geogra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraser Government
The Fraser government was the federal executive government of Australia led by Prime Minister Malcolm Fraser. It was made up of members of a Liberal–Country party coalition in the Australian Parliament from November 1975 to March 1983. Initially appointed as a caretaker government following the dismissal of the Whitlam government, Fraser won in a landslide at the resulting 1975 Australian federal election, and won substantial majorities at the subsequent 1977 and 1980 elections, before losing to the Bob Hawke–led Australian Labor Party in the 1983 election. Background Billy Snedden led the Liberal–National Coalition in the 1974 Australian federal election which saw Whitlam Labor government re-elected with a decreased majority in the House of Representatives. Fraser unsuccessfully challenged for the leadership of the Liberal Party in November 1974, then on 21 March 1975, defeated Snedden, with Phillip Lynch remaining Deputy Leader. Dismissal of the Whitlam govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tax Avoidance
Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable. A tax shelter is one type of tax avoidance, and tax havens are jurisdictions that facilitate reduced taxes. Tax avoidance should not be confused with tax evasion, which is illegal. Forms of tax avoidance that use legal tax laws in ways not necessarily intended by the government are often criticized in the court of public opinion and by journalists. Many businesses pay little or no tax, and some experience a backlash (sociology), backlash when their tax avoidance becomes known to the public. Conversely, benefiting from tax laws in ways that were intended by governments is sometimes referred to as tax planning. The World Bank's World Development Report 2019 on the future of work supports increased government efforts to curb tax avoidance as part of a new social contract focused on human capital investments and expanded social protection. "T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
