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Judicial Deference
Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingdom, which lack an entrenched constitution, as the essential purpose of such documents is to limit the power of the legislature. United Kingdom In ''Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others'' 999 Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society". Nevertheless, the doctrine has been criticised for representing a way in which the courts should act obediently to the British Parliament to uphold the doctrine of parliamentary sovereignty. However, any suggestions that the House of Lords was being unduly servile to Parliament were overturned by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive Branch
The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers, government authority is distributed between several branches to prevent power from being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary. The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order. In those that use fusion of powers, typically parliamentary systems, s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Law
Immigration law includes the national statutes, Primary and secondary legislation, regulations, and Precedent, legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government. Variation Immigration laws vary around the world and throughout history, according to the Society, social and political climate of the place and time, as the acceptance of immigrants sways from the widely Inclusiveness, inclusive to the deeply Nationalism, nationalist and Isolationism, isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations, United Nations' International Cove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Major Questions Doctrine
The major questions doctrine is a principle of statutory interpretation in United States administrative law under which, pursuant to recent Supreme Court precedent, courts have held that questions of major political or economic significance may not be delegated by Congress to executive agencies absent sufficiently clear and explicit authorization. It functions as a canon to limit broad assertions of implied powers, effectively reinforcing the role of legislative power. The doctrine was articulated as a paradigm in '' FDA v. Brown & Williamson Tobacco Corp.'' (2000), which advised "common sense" in assessing whether Congress intended to delegate broad regulatory powers. The phrase "major questions" first appeared in legal scholarship in 2008 and gained doctrinal status by 2016 with conservative legal organization support amid the deregulatory agenda of the first presidency of Donald Trump. Brett Kavanaugh used the term in a United States courts of appeals dissent, later descri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability relates to the several factors federal courts use to determine whether they have authority to hear the cases brought before them. Rules regarding justiciability can be of either a constitutional or prudential nature. The constitutional rules stem from express or implicit powers and limitations given to the federal courts under Article III. The prudential rules arise from contextual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Affairs
''Foreign Affairs'' is an American magazine of international relations and foreign policy of the United States, U.S. foreign policy published by the Council on Foreign Relations, a nonprofit organization, nonprofit, nonpartisan, membership organization and think tank specializing in U.S. foreign policy and international relations, international affairs. Founded on 15 September 1922, the print magazine is published every two months, while the website publishes articles daily and anthologies every other month. ''Foreign Affairs'' is considered one of the United States' most influential foreign-policy magazines. It has published many seminal articles, including George F. Kennan, George Kennan's "X Article" (1947) and Samuel P. Huntington's "The Clash of Civilizations" (1993). Leading academics, public officials, and members of the policy community regularly contribute to the magazine. Recent ''Foreign Affairs'' authors include Robert O. Keohane, Hillary Clinton, Donald H. Rumsfe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiallo V
Fiallo is a surname. Notable people with the surname include: *Cyrina Fiallo, American actress *Delia Fiallo (1924–2021), Cuban author and screenwriter *Fabio Fiallo (1866–1942), Dominican writer, poet and politician * Gregorio Fiallo (born 1952), Cuban swimmer *Larimar Fiallo Larissa del Mar Fiallo Scanlon (born 17 June 1983 in Concepción de la Vega), commonly known as Larimar Fiallo, is a Dominican beauty pageant titleholder who represented her country at the Miss Universe 2004 pageant. She represented her home p ... (born 1983), Dominican beauty pageant titleholder * Viriato Fiallo (1895-1983), Dominican doctor and politician {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
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 ... [...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] |
National Security
National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against Offensive (military), military attack, national security is widely understood to include also non-military dimensions, such as the security from terrorism, minimization of crime, economic security, energy security, environmental security, food security, and Computer security, cyber-security. Similarly, national security risks include, in addition to the actions of other State (polity), states, action by violent non-state actors, by narcotic cartels, organized crime, by multinational corporations, and also the effects of natural disasters. Governments rely on a range of measures, including Political power, political, Economic power, economic, and military power, as well as diplomacy, to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-terrorism, Crime And Security Act 2001
The Anti-terrorism, Crime and Security Act 2001 is a British Act of Parliament, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures. The Act was widely criticized, with one commentator describing it as "the most draconian legislation Parliament has passed in peacetime in over a century". On 16 December 2004, the Law Lords ruled that Section 23 was incompatible with the European Convention on Human Rights, but under the terms of the Human Rights Act 1998 it remained in force. It has since been replaced by the Prevention of Terrorism Act 2005. Part 1 (Terrorist property) Sections 1–3, along with schedules 1 and 100, applied to the finances of suspecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
