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Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and ... [...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] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines 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, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadrian
Hadrian ( ; ; 24 January 76 – 10 July 138) was Roman emperor from 117 to 138. Hadrian was born in Italica, close to modern Seville in Spain, an Italic peoples, Italic settlement in Hispania Baetica; his branch of the Aelia gens, Aelia ''gens'', the ''Aeli Hadriani'', came from the town of Atri, Abruzzo, Hadria in eastern Italy. He was a member of the Nerva–Antonine dynasty. Early in his political career, Hadrian married Vibia Sabina, grandniece of the ruling emperor, Trajan, and his second cousin once removed. The marriage and Hadrian's later succession as emperor were probably promoted by Trajan's wife Pompeia Plotina. Soon after his own succession, Hadrian had four leading senators unlawfully put to death, probably because they seemed to threaten the security of his reign; this earned him the senate's lifelong enmity. He earned further disapproval by abandoning Trajan's expansionist policies and territorial gains in Mesopotamia (Roman province), Mesopotamia, Assyria ( ... [...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] |
Legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Postglossator
The postglossators or commentators formed a European legal school which arose in Italy and France in the fourteenth century. They form the highest point of development of medieval Roman law. The school of the '' glossators'' in Bologna lost its vitality, resulting in the rise of a new school of legal thought in the 14th century, centred on Orléans in France. Bartolus and Baldus were the most famous of the commentators. Rather than simply seeking to explain the law, the commentators were more concerned with the potential for practical application of the law. Politically at this time, the idea of the Spirit of One – one church and one empire, was popular in Europe. Roman law thus appealed as bringing the potential for one law in addition. Roman law was written and certain as well as being generally consistent and complete. The educated liked its roots and saw the potential for application. The commentators faced head on the conflict of law with custom as they saw the potentia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Augustus
Gaius Julius Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian (), was the founder of the Roman Empire, who reigned as the first Roman emperor from 27 BC until his death in AD 14. The reign of Augustus initiated an Roman imperial cult, imperial cult and an era of regional hegemony, imperial peace (the or ) in which the Roman world was largely free of armed conflict. The Principate system of government was established during his reign and lasted until the Crisis of the Third Century. Octavian was born into an equites, equestrian branch of the plebeian Octavia gens, Octavia. Following his maternal great-uncle Julius Caesar's assassination of Julius Caesar, assassination in 44 BC, Octavian was named in Caesar's will as his Adoption in ancient Rome, adopted son and heir, and inherited Caesar's name, estate, and the loyalty of his legions. He, Mark Antony, and Marcus Lepidus formed the Second Triumvirat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossa Ordinaria (Accursius)
The (also known as , and ) is a collection of 96,940 marginal annotations () in Latin by the Italian jurist Accursius () on the , a collection of Roman law by the Byzantine emperor Justinian I, Justinian I (). Modern scholarship contends that the maintained its authoritative status as leading commentary on the in Europe up to the 17th century, which is signified by the adage "" ('Whatever the Gloss does not recognize, the court does not recognize'). Name The name refers to fact that the gloss by Accursius was the "ordinary" or "standard" gloss on the . Author, development and usage Author Accursius () was an Italian jurist born near Florence who studied at the University of Bologna under Azo of Bologna, Azo and Jacobus Balduinus. Some time before 1220, he started teaching law at this university. He was highly regarded for his teaching and became rich – his large palace in Bologna is now part of the Palazzo d'Accursio. Some scholars contend that he parti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
