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Prerogative Writs
In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The word is derived from Old French ''prerogative'' (14c.), M.L. ''prerogativa'' "special right", from Latin '' praerogativa'' "prerogative, previous choice or election", originally (with tribus, centuria) "100 voters who by lot voted first in the Roman comitia", from ''praerogativus'' (adj.) "chosen to vote first". Topics * Extraterritoriality * Prerogative court * Prerogative writ * Royal prerogative See also * Individual rights * Sui juris * "My Prerogative "My Prerogative" is a song by American singer Bobby Brown from his second studio album, '' Don't Be Cruel'' (1988). It was released in 1988, as the second single from the album. After recording sessions were completed, Brown and producer Gene ..." (song) References Exter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Right
An exclusive right, or exclusivity, is a ''de facto'', non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utility, public utilities, or, in some jurisdictions, in other ''sui generis'' legislation. Many scholars argue that such rights form the basis for the concepts of property (ownership right), property and ownership. Privately granted ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government
A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 list of sovereign states, independent national governments and government agency, subsidiary organizations. The main types of modern political systems recognized are democracy, democracies, totalitarian regimes, and, sitting between these two, authoritarianism, authoritarian regimes with a variety of hybrid regimes. Modern classification systems also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a politics, political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions. A state may be a unitary state or some type of federation, federal union; in the latter type, the term "state" is sometimes used to refer to the federated state, federated polities that make up the federation, and they may have some of the attributes of a sovereign state, except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include "province", "Region#Administrative regions, region" or other terms.) For most of prehistory, people lived in stateless societies. The earliest forms of states arose about 5,500 years ago. Over time societies became more Social stratification, stratified and developed institutions leading to Centra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the divine command theory, edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudalism
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations of the warrior nobility and revolved around the key concepts of lords, vassals, and fiefs. A broader definition, as described by Marc Bloch (1939), includes not only the obligations of the warrior nobility but the obligations of all three estates of the realm: the nobility, the cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prorogatio
In ancient Rome, a promagistrate () was a person who was granted the power via '' prorogation'' to act in place of an ordinary magistrate in the field. This was normally ''pro consule'' or ''pro praetore'', that is, in place of a consul or praetor, respectively. This was an expedient development, starting in 327 BC and becoming regular by 241 BC, that was meant to allow consuls and praetors to continue their activities in the field without disruption. By allowing veteran commanders to stay in the field rather than being rotated out for someone who may not have had much experience in the theatre, the practice helped increase the chances of victory. Whether a commander, however, would be kept was largely decided politically and often motivated by commanders' ambitions. However, the effect of prorogation was to allow commanders to retain their positions as long as political support existed, weakening the republican check of the annual magistracy (and the rotation that imp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Assemblies
The Roman assemblies were meetings of the Roman people duly convened by a magistrate. There were two general kinds of assemblies: a '' contio'' where a crowd was convened to hear speeches or statements from speakers without any further arrangements and a ''comitia'' where citizens were called and arranged into voting blocks. When called to enact legislation or make decisions, such as on guilt or war, citizens were in the historical period always divided into voting blocks. Citizens voted directly in these blocks, with a majority of the blocks determining the decision of the assembly; this system was directly democratic with no representatives. There were three kinds of voting blocks – ''curiae'', ''centuriae'', and '' tribus'' – giving rise, respectively, to the curiate, centuriate, and tribal assemblies. In the middle and late republics, only the centuriate and tribal assemblies were politically relevant. The assemblies elected all magistrates during the Roman Republ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extraterritoriality
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places. For example, such is the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and head of government, government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to cer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative Court
A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century, a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts included the Court of the Exchequer, the Court of Chancery, and the Court of the Star Chamber. Their procedures were flexible and not limited by common law procedures. The Star Chamber became a tool of Charles I employed against his enemies, and was abolished ( Habeas Corpus Act 1640) by parliament. A parallel system of common law courts was grounded in Magna Carta and property rights; the main common law courts were the Court of the King's Bench and the Court of Common Pleas. Canterbury and York The term also applied to one of the English provincial courts of Canterbury and York having jurisdiction over the estates of deceased persons. They had jurisdiction to grant probate or ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative Writ
"Prerogative writ" is a historical term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies. Six writs are traditionally classified as prerogative writs: *''certiorari'', an order by a higher court directing a lower court to send the record in a given case for review; *''habeas corpus'', a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person; *''mandamus'', an order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly; *prohibition, directing a subordinate to stop do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Prerogative
The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, sovereign, and which have become widely vested in the government. It is the means by which some of the executive (government), 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 monarchy, constitutional monarchies, prerogatives can be abolished by Parliament under its legislative authority. In the Commonwealth realms, this draws on the constitutional statutes at the time of the Glorious Revolution, when William III of England, William III and Mary II of England, 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, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individual Rights
Individual rights, also known as natural rights, are rights held by individuals by virtue of being human. Some theists believe individual rights are bestowed by God. An individual right is a moral claim to freedom of action. Group rights, also known as collective rights, are rights held by a group as a whole rather than individually by its members. In contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Individual rights and group rights are often incompatible. An appeal to group rights is often used to promote violation of individual rights. Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. Organizational group rights Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
