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Concurrent Powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers (forbidden to be possessed by the states, or requiring federal permission). In many federations, enumerated federal powers are supreme and so, they may pre-empt a state or provincial law in case of conflict. Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers. In the United States, examples of the concurrent powe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal State
A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of a central authority theoretically can include the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on the constituent states' powers by invoking the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intergovernmental Immunity (other)
Intergovernmental immunity is a legal doctrine in federation A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...s that defines the extent to which laws of a federal government and its subnational units can bind one another. * Intergovernmental immunity (Australia) * Intergovernmental immunity (United States) See also * Interjurisdictional immunity (Canada) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. United States In the United States, state courts are presumed to have concurrent jurisdiction in federal matters, unless explicitly stated otherwise in the U.S. Constitution or in the particular federal statutory provision in issue. Concurrent jurisdiction also exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in an Alabama state court to the extent the defendant submits to jurisdiction, or federal court (under federal diversity jurisdiction), or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction in the United States can also exist between different levels of state courts, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethnic Federalism
Ethnic federalism, multi-ethnic or multi-national federalism,Liam D. Anderson (2016),"Ethnofederalism: The Worst form of institutional arrangement...?" Academia is a form of Federation, federal system in which the federated regional or state units are defined by Ethnic group, ethnicity. Ethnic federal systems have been created in attempts to accommodate demands for Ethnic group, ethnic autonomy and manage inter-ethnic tensions within a state. They have not always succeeded in this: problems inherent in the construction and maintenance of an ethnic federation have led to some states or sub-divisions of a state into either Secession, breaking up, resorting to Authoritarianism, authoritarian political repression, repression, or resorting to ethnocracy, ethnic segregation, population transfer, internal displacement, ethnic cleansing, and/or even ethnicity-based attacks and pogroms. This type of federation was implemented from 1994 to 2018 by Meles Zenawi in Ethiopia. Meles Zenawi and h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Border Control
Border control comprises measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it also encompasses controls imposed on #Internal border controls, internal borders within a single state. Border control measures serve a variety of purposes, ranging from enforcing #Customs, customs, sanitary and phytosanitary, or #Biosecurity, biosecurity regulations to restricting human migration, migration. While some borders (including most states' internal borders and international borders within the Schengen Area) are #Open borders, open and completely unguarded, others (including the vast majority of borders between countries as well as some internal borders) are subject to some degree of control and may be crossed legally only at #Border checkpoints, designated checkpoints. Border controls in the 21st century are tightly intertwined wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paradiplomacy
Paradiplomacy is the involvement of non-central governments in international relations. The phenomenon includes a variety of practices, from town twinning to transnational networking, decentralized cooperation, and advocacy in international summits. Following the movement of globalisation, non-central governments have been playing increasingly influential roles on the global scene, connecting across national borders and developing their own foreign policies. Regions, states, provinces and cities seek their way to promote cooperation, cultural exchanges, trade and partnership, in a large diversity of ways and objectives depending on their decentralization, cultural, and socio-economical contexts. This trend raises new questions concerning public international law and opened a debate on the global governance regime, and the evolution of the nation-led system that has provided the grounds for the international political order in the last centuries. The term combines the Greek word "p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Tractatuum
(or sometimes ) is a Legal Latin term commonly used in public international law and constitutional law that refers to the right to conclude treaties. It is usually referred to in English as treaty-making power. As defined in article 6 of the Vienna Convention on the Law of Treaties, every state possesses the capacity to conclude treaties. International organizations as well as subnational entities of federal states may have treaty-making power as well. ' is linked to the concept of international legal personality. International organizations International organizations commonly have the power to conclude treaties as well. A notable example is the European Union, which has concluded a number of free trade agreements. The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations aims to be an extension to the Vienna Convention on the Law of Treaties and deals with treaties between one or more states and one or m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Legationis
Right of legation (Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ... ''ius legationis'') is one of the basic attributes of state sovereignty and denotes the power of subject of international law to send its own (active legation) and receive others' (passive legation) diplomatic representatives, but only with the mutual consent of those concerned. It is the right of a subject of international law to maintain or not maintain diplomatic relations with another subject of international law. The right of legation does not create an obligation to send its representatives to other states and to receive foreign representatives. Indeed, the establishment of diplomatic relations is based on mutual consent. References Works cited *{{cite book , last = Satow , first = Ernest , yea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Areas Of Law
The following is a list of major areas of legal practice and important legal subject-matters. From, one of the five capital lawyers in Roman Law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law. “huius studdii duæ sunt positiones: publicum et privatum. Publicum ius est, quod statum rei Romanæ spectat, privatum, quod ad singulorum utilitatem; sunt enim quædam publice utila, quædam privatim". (Public law is that, which concerns Roman state, private law is concerned with the interests of citizens.) In the modern era Charles-Louis Montesquieu (1689–1755) amplified supremely this distinction: International (law of nations), Public (politic law) and Private (civil law) Law, in his major work: (On) The Spirit of the Law (1748). “''Considered as inhabitants of so great a planet, which ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawmaking
Lawmaking is the process of crafting legislation. In its purest sense, it is the basis of governance. Lawmaking in modern democracies is the work of legislatures, which exist at the local, regional, and national levels and make such laws as are appropriate to their level, and binding over those under their jurisdictions. These bodies are influenced by lobbyists, pressure groups, sometimes partisan considerations, but ultimately by the voters who elected them and to which they are responsible, if the system is working as intended. Even the expenditure of governmental funds is an aspect of lawmaking, as in most jurisdictions the budget is a matter of law. In dictatorships and absolute monarchies the leader can make law essentially by the stroke of a pen, one of the main objections to such an arrangement. However, a seemingly-analogous event can occur even in a democracy where the executive can make executive orders which have the force of law. In some instance, even regula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
