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Unenforced Law
An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (''de jure''), but is usually ('' de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced. Overview Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.The legal system: a social science perspective retrieved 29 January 2012 There are also circumstances in which an otherwise enforced law is not; for example, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Jure
In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fact'), which describes situations that exist in reality, even if not formally recognized. Definition ''De jure'' is a Latin expression composed of the words ''de'',("from, of") and ''jure'',("law", adjectival form of '' jus''). Thus, it is descriptive of a structural argument or position derived "from law". Usage Jurisprudence and ''de jure'' law In U.S. law, particularly after '' Brown v. Board of Education'' (1954), the difference between ''de facto'' segregation (that existed because of voluntary associations and neighborhoods) and ''de jure'' segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes. Government and culture Between 1805 and 1914, the ruling dynasty of Egypt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason Felony Act 1848
The Treason Felony Act 1848 ( 11 & 12 Vict. c. 12) is an act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the act are still in force. It is a law which protects the King and the Crown. The offences in the act were originally high treason under the Sedition Act 1661 ( 13 Cha. 2 St. 1. c. 1) (later the Treason Act 1795 ( 36 Geo. 3. c. 7)), and consequently the penalty was death. However it was found that juries were often reluctant to convict people of capital crimes, and it was thought that the conviction rate might increase if the sentence was reduced to exile to the penal colonies in Australia (the penalty is now life imprisonment). Consequently, in 1848, three categories of treason (all derived from the 1795 Act) were reduced to felonies. (This occurred during a period when the death penalty in the United Kingdom was being abolished for a great many offences.) The act does not prevent prosecutors from charging somebody with treason inste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unenforceable
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or ''void ab initio'') and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not. An "agreement to agree", where a purported contract contains an obligation to enter into a subsequent agreement in the future, the terms of which are not certain at the time of the initial agreement, is generally considered to lack sufficient certainty to constitute a legally enforceable contract and is therefore unenforceable. However, an agreement under which "the parties contemplate entering into a further, more formal, agreement later" may be enforceable. Prostitution An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, but both soliciting a prostitute and living off ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Law Revision Act
Statute Law Revision Act (with its variations) is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute law revision. Such Acts normally repealed legislation which was expired, spent, repealed in general terms, virtually repealed, superseded, obsolete or unnecessary. In the United Kingdom, Statute Law (Repeals) Acts are now passed instead. "Statute Law Revision Acts" may collectively refer to enactments with this short title. The single largest Statute Law Revision Act in any jurisdiction was the Statute Law Revision Act 2007 enacted in Ireland which repealed 3,225 previous Acts. The Statute Law Revision programme commenced in Ireland in 2003 which has resulted in six Statute Law Revision Acts to date (see below) and the express repeal of a total of around 8,000 Acts is the largest statute law revision programme carried out international ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expressive Function Of Law
The expressive function of law is the effect of law to create or validate social norms beyond the fear of punishment. For example, the criminalization of homosexuality may be maintained in order to express disapproval of homosexuality, even if it is not regularly enforced. See also * Unenforced law, a law which is formally in effect, but is usually not penalized by a jurisdiction * Victimless crime A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of vi ..., an illegal act which harms only the perpetrator(s) References Further reading * * * * * {{refend Sociology of law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Desuetude
In law, desuetude (; , ) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors. The policy of inserting sunset clauses into a constitution or charter of rights (as in Canada since 1982) or into regulations and other delegated/subordinate legislation made under an act (as in Australia since the early 1990s) can be regarded as a statutory codification of this doctrine. English law The doctrine of desuetude has been diluted in the common law tradition. The doctrine went into decline from the Middle Ages, when the counter-notion became prevalent that enrolled bill rule existed: the king's assent was required to nullify a cle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decriminalization
Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see: legalization), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is criminalization. Decriminalization reflects changing social and moral views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protected Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to mak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Lords
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included serving as the final court of appeal for most domestic matters. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed owing to the creation of the Supreme Court of the United Kingdom. The House of Lords thus lost its judicial functions and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of the United Kingdom. At the same time, those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republicanism In The United Kingdom
Republicanism in the United Kingdom is the political movement that seeks to replace the United Kingdom's Monarchy of the United Kingdom, monarchy with a republic. Supporters of the movement, called republicans, support alternative forms of governance to a monarchy, such as an elected head of state. Monarchy has been the form of government used in the United Kingdom and its predecessor domains almost exclusively since the Middle Ages, except for British Interregnum, a brief interruption in the years 1649–1660, during which The Protectorate, a republican government did exist under the leadership of Oliver Cromwell. After Cromwell's Protectorate fell and the Stuart Restoration, monarchy was restored, governing duties were increasingly handed to Parliament, especially with the Glorious Revolution of 1688. The adoption of the constitutional monarchy system made the argument for full republicanism less urgent. It was once again a topic of discussion during the late 18th century with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
