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Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in delib ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in ...
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Ponsonby Rule
The Ponsonby Rule was a constitutional convention in United Kingdom constitutional law that dictated that most international treaties had to be laid before Parliament 21 days before ratification. On 11 November 2010, Part 2 of the Constitutional Reform and Governance Act 2010 was brought into force by a commencement order. It provides for the ratification of (non- EU) treaties and puts parliamentary scrutiny of treaties on a statutory footing. This changed the convention into a provision having legal force. History From the late 19th century it became the common practice to present the treaties of the United Kingdom to Parliament after they had come into force. On 1 April 1924, during the second reading debate on the Treaty of Peace (Turkey) Bill, Arthur Ponsonby (Parliamentary Under-Secretary of State for Foreign Affairs in Ramsay MacDonald's first Labour Government) made the following statement: At the same time, he stated that: The Ponsonby Rule was withdrawn during ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine 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 or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defi ...
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Constitution Of India/Part XI
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine 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 or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which 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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Monism And Dualism In International Law
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of international law in their national systems. Monism Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal. In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law. It is simply incorporated and has effect automatically in national or domestic laws. The act of ratifying an international treaty immed ...
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Principal (commercial Law)
In commercial law, a principal is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party. This branch of law is called agency and relies on the common law proposition (from Latin: "he who acts through another, acts personally"). It is a parallel concept to vicarious liability (in which one person is held liable for the acts or omissions of another) in criminal law or torts. Concepts In a busy commercial world, the smooth flow of trade depends on the use of agents. This may be because in business entities such as: *sole traders, their ability to conduct business will always be limited unless other people are used to work on their behalf; *a partnership, the natural persons who are involved cannot be present to conduct business in multiple locations simultaneously, so they must rely on others to make agreements or deliver services on their behalf; or *a corporation is only a legal entity or fictitious legal per ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status o ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as ...
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Emperor Of Japan
The Emperor of Japan is the monarch and the head of the Imperial Family of Japan. Under the Constitution of Japan, he is defined as the symbol of the Japanese state and the unity of the Japanese people, and his position is derived from "the will of the people with whom resides sovereign power". Imperial Household Law governs the line of imperial succession. The emperor is immune from prosecution by the Supreme Court of Japan. He is also the head of the Shinto religion. In Japanese, the emperor is called , literally "Emperor of heaven or " Heavenly Sovereign". The Japanese Shinto religion holds him to be the direct descendant of the sun goddess Amaterasu. The emperor is also the head of all national Japanese orders, decorations, medals, and awards. In English, the use of the term for the emperor was once common but is now considered obsolete. The Imperial House of Japan, known by their name the Yamato Dynasty, is amongst the oldest in the world, with its historical ori ...
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House Of Councilors
The is the upper house of the National Diet of Japan. The House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers. If the two houses disagree on matters of the budget, treaties, or designation of the prime minister, the House of Representatives can insist on its decision. In other decisions, the House of Representatives can override a vote of the House of Councillors only by a two-thirds majority of members present. The House of Councillors has 248 members who each serve six-year terms, two years longer than those of the House of Representatives. Councillors must be at least 30 years old, compared with 25 years old in the House of Representatives. The House of Councillors cannot be dissolved, and terms are staggered so that only half of its membership is up for election every three years. Of the 121 members subject to election each time, 73 are elected from 45 districts by single non-transferable vote (SNTV) and 48 ...
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Diet Of Japan
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (, '' Sangiin''). Both houses are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally responsible for nominating the Prime Minister. The Diet was first established as the Imperial Diet in 1890 under the Meiji Constitution, and took its current form in 1947 upon the adoption of the post-war constitution. Both houses meet in the in Nagatachō, Chiyoda, Tokyo. Composition The houses of the National Diet are both elected under parallel voting systems. This means that the seats to be filled in any given election are divided into two groups, each elected by a different method; the main difference between the houses is in the sizes of the two groups and how they are elected. Voters are also asked to cast two votes: one for an individual candidate in a c ...
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Prime Minister Of India
The prime minister of India (IAST: ) is the head of government of the Republic of India. Executive authority is vested in the prime minister and their chosen Council of Ministers, despite the president of India being the nominal head of the executive. The prime minister is often the leader of the party or the coalition with a majority in the lower house of the Parliament of India, the Lok Sabha, which is the main legislative body in the Republic of India. The prime minister and their cabinet are at all times responsible to the Lok Sabha. The prime minister is appointed by the president of India; however the prime minister has to enjoy the confidence of the majority of Lok Sabha members, who are directly elected every five years, lest the prime minister shall resign. The prime minister can be a member of the Lok Sabha or of the Rajya Sabha, the upper house of the parliament. The prime minister controls the selection and dismissal of members of the Union Council of Ministe ...
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