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Constitutional Review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation. There are very specific cases in which the constitutional review differs from common law to civil law as well as judicial review in general. Written and rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called ''fundamental law'', ''supreme law'', ''law of the laws'', ''basic law'', they have more difficult and formal procedures to updating them than other laws, which are ''sub-constitutional''. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from Common Law countries with written constitutions. For instance, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Country
A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, or dependent territory. Most sovereign states, but not all countries, are members of the United Nations. There is no universal agreement on the number of "countries" in the world, since several states have disputed sovereignty status or limited recognition, and a number of non-sovereign entities are commonly considered countries. The definition and usage of the word "country" are flexible and have changed over time. '' The Economist'' wrote in 2010 that "any attempt to find a clear definition of a country soon runs into a thicket of exceptions and anomalies." Areas much smaller than a political entity may be referred to as a "country", such as the West Country in England, "big sky country" (used in various contexts of the American We ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States General Of The Netherlands
The States General of the Netherlands ( ) is the Parliamentary sovereignty, supreme Bicameralism, bicameral legislature of the Netherlands consisting of the Senate (Netherlands), Senate () and the House of Representatives (Netherlands), House of Representatives (). Both chambers meet at the Binnenhof in The Hague. The States General originated in the 15th century as an assembly of all the provincial states of the Burgundian Netherlands. In 1579, during the Dutch Revolt, the States General split as the northern provinces openly rebelled against Philip II of Spain, Philip II, and the northern States General replaced Philip II as the supreme authority of the Dutch Republic in 1581. The States General were replaced by the National Assembly of the Batavian Republic, National Assembly after the Batavian Revolution of 1795, only to be restored in 1814, when the country had regained its sovereignty. The States General was divided into a Senate and a House of Representatives in 1815, with t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Constitutional Courts
A constitutional court is a Supreme court, high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. History Before establishment of independent constitutional court Prior to 1919, the United States, Canada and Australia had adopted the concept of judicial review by their courts, following shared principles of their similar Common law, common law legal systems, which they, in turn, had inherited from British Empire, British colonial law. The Parthenopean Republic's constitution of 1799, written by Francesco Mario Pagano, Mario Pagano, envisaged an organ of magistrates reviewing constitutional law, the Ephor, ''eforato'', but lasted only 6 months. The Pennsylvania Constitution of 1776, 1776 Constitution of Pennsylvania and Constitution of Vermont (1777), 1777 Constitution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review Commission (Tanzania)
The Tanzanian Constitutional Review Commission is the national commission established as per the Constitutional Review Act of 2011 for the collection of public opinion on the review of the Constitution of Tanzania and its validation via a referendum. Key aspects of the review were legal frameworks for the state of the union, the presidency and the contentious aspect of human rights, which were included in an amendment after public protests. On 6 April 2012 President Jakaya Kikwete appointed the former Attorney General and Prime Minister Joseph Warioba as its chairman and the former Chief Justice Augustino Ramadhani as its vice chairman. The Commission was expected to complete its task by October 2013, with an estimated cost of TSh 40 billion during the 2012/13 fiscal year. The commission collected views from citizens of different regions within the country and prepared two constitutional drafts for discussion and vote by the National constituent assembly. The assembly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review In Germany
The constitution (Grundgesetz) of the Federal Republic of Germany establishes a separate Federal Constitutional Court of Germany (Bundesverfassungsgericht) that is empowered with reviewing acts of the legislature (which mainly refers to the Federal Republic's Congress – the Bundestag and Bundesrat) for their constitutionality. Most states (Bundesländer) also have separate courts for the according purpose. These are separate Supreme Courts that do not deal with appellate cases in civil and criminal law – but rather, just in constitutional cases. The Federal Constitutional Court of Germany can also review and reject constitutional amendments on the grounds that they are contradictory to the rest of the Federal Constitution ("Verfassungswidriges Verfassungsrecht"), unlike, for instance, the Supreme Court of the United States and the Supreme Court of Canada. An amendment may only be rejected however if it conflicts with the principles of Article 1 and 20, since they may never be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 domestic law. Monism and dualism both offer approaches to how international law comes into effect within states, and how conflicts between national and international law are resolved. In practice, many states 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter For The Kingdom Of The Netherlands
The Charter for the Kingdom of the Netherlands (in Dutch: ''Statuut voor het Koninkrijk der Nederlanden''; in Papiamentu: ''Statuut di Reino Hulandes'') is a legal instrument that sets out the political relationship among the four countries that constitute the Kingdom of the Netherlands: Aruba, Curaçao, Sint Maarten in the Caribbean and the Netherlands (for the most part) in Europe. It is the leading legal document of the Kingdom. The Constitution of the Netherlands and the Basic Laws of the three other countries are legally subordinate to the Charter. History The first version of the Charter, which described the relationship between the Netherlands, Suriname, and the Netherlands Antilles, was signed by Queen Juliana on 15 December 1954 and effective 29 December 1954. This version lasted for a couple of decades until 25 November 1975, when Suriname became an independent republic. In the Netherlands Antilles, the idea of one state never enjoyed the full support of all the isl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Netherlands
The Supreme Court of the Netherlands ( or simply ''Hoge Raad''), officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague. The Supreme Court rules on civil and criminal matters. In certain administrative cases it has final jurisdiction as well, while in other cases this jurisdiction rests with the adjudicative division of the Council of State (''Raad van State''), the Central Appeals Tribunal ('), the Trade and Industry Appeals Tribunal (') as well as judicial institutions in the Caribbean part of the Kingdom of the Netherlands. The Court is a court of cassation, which means that it has the competence to quash or affirm rulings of lower courts, but no competence to re-examine or question the facts. It only considers whether the lower courts applied the law correctly and the rulings have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
