|
Presumption Of Constitutionality
In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated.Gillian E. Metzger & Trevor W. Morrison, "The Presumption of Constitutionality and the Individual Mandate" in ''The Health Care Case: The Supreme Court's Decision and Its Implications'' (eds. Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison: Oxford University Press, 2013), p. 136. United States In its strongest form—advocated most notably by James Bradley Thayer—the presumption of constitutionality gives Congress, rather than the courts, the primary responsibility for interpreting the Constitution. This view is in tension with the view of judicial review articulated in '' Marbury v. Madison'', however. Thus, a less strong form of the presumption, repeatedly articulated by the Supreme Court of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international law. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a " compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional. Strict scrutiny is the highest and most stringent standard of judicial review in the United States and is part of the levels of judicial scrutiny that US courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test" Cornell University Law School. Accessed May 13, 2022. The higher levels of scrutiny are and |
List Of Legal Doctrines
A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but lists are frequently written down on paper, or maintained electronically. Lists are "most frequently a tool", and "one does not ''read'' but only ''uses'' a list: one looks up the relevant information in it, but usually does not need to deal with it as a whole". Lucie Doležalová,The Potential and Limitations of Studying Lists, in Lucie Doležalová, ed., ''The Charm of a List: From the Sumerians to Computerised Data Processing'' (2009). Purpose It has been observed that, with a few exceptions, "the scholarship on lists remains fragmented". David Wallechinsky, a co-author of '' The Book of Lists'', described the attraction of lists as being "because we live in an era of overstimulation, especially in terms of information, and lists help ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Persuasion
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Regularity
The presumption of regularity is a presumption that forms part of the law of evidence of England and Wales. It is expressed by the maxim of law ''omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium'', (); which may be shortened to ''omnia praesumuntur rite et solemniter esse acta'' () or ''omnia praesumuntur rite esse acta'' (). Official actions Where it has been proved that an "official act" has been done, it will be presumed, until the contrary is proved, that the said act "complied with any necessary formalities" and that the person who did it was "duly appointed". This is a presumption of law. The following cases are relevant to this presumption: *''R v Gordon'' (1789) 1 Leach 515, (1789) 1 East PC 315 *''R v Jones'' (1806) 31 St Tr 251, (1806) 2 Camp 131 *''R v Verelst'' (1813) 3 Camp 432 *''R v Catesby'' (1824) 2 B & C 814, (1824) 4 Dow & Ry KB 434, (1824) 2 Dow & Ry MC 278 *''R v Rees'' (1834) 6 C & P 606 *''R v Murphy'' (1837) 8 C & P 297 *''R v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bordering the Strait of Malacca to the west, the Singapore Strait to the south along with the Riau Islands in Indonesia, the South China Sea to the east, and the Straits of Johor along with the State of Johor in Malaysia to the north. In its early history, Singapore was a maritime emporium known as '' Temasek''; subsequently, it was part of a major constituent part of several successive thalassocratic empires. Its contemporary era began in 1819, when Stamford Raffles established Singapore as an entrepôt trading post of the British Empire. In 1867, Singapore came under the direct control of Britain as part of the Straits Settlements. During World ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. Its capital city, capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is Countries of the United Kingdom, part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east and the Irish Sea to the east. It is a Unitary state, unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President of Ireland, president () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (prime minister, ), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Presumption Of Liberty
''Restoring the Lost Constitution: The Presumption of Liberty'' is a 2003 book about the United States Constitution written by Randy Barnett, a professor of law at the Georgetown University Law Center. In the book, Barnett outlines his theory of constitutional legitimacy, interpretation, and construction. He argues that the Constitution should be interpreted by its "original meaning", distinct from the Founding Fathers' original intent. ''Restoring the Lost Constitution'' was awarded the 2005 Lysander Spooner Award for Advancing the Literature of Liberty by Laissez Faire Books. Summary ''Restoring the Lost Constitution'' is broken into four parts, each addressing an aspect of the U.S. Constitution. # Constitutional Legitimacy describes the most common arguments for constitutional legitimacy, and argues against them in practical terms. Barnett suggests that in practice it is impossible for any constitution to derive its legitimacy from consent, but it must rather derive legitim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Randy Barnett
Randy Evan Barnett (born February 5, 1952) is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, Barnett tried felony cases as a prosecutor in the Cook County State's Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School. In 2004, Barnett argued the medical marijuana case of '' Gonzalez v. Raich'' before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act in '' NFIB v. Sebelius''. He blogs on the Volokh Conspiracy. Life and career Barnett was born on Februar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Mason
George Mason (October 7, 1792) was an American planter, politician, Founding Father, and delegate to the U.S. Constitutional Convention in Philadelphia in 1787, where he was one of three delegates who refused to sign the Constitution. His writings, including substantial portions of the Fairfax Resolves of 1774, the Virginia Declaration of Rights of 1776, and his ''Objections to this Constitution of Government'' (1787) opposing ratification, have exercised a significant influence on American political thought and events. The Virginia Declaration of Rights, which Mason principally authored, served as a basis for the United States Bill of Rights, of which he has been deemed a father. Mason was born in 1725 in present-day Fairfax County, Virginia. His father drowned when a storm capsized his boat while crossing the Potomac River in 1735 when Mason was about nine years old. His mother managed the family estates until he came of age. In 1750, Mason married, built Gunston Hall, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philadelphia Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. While the convention was initially intended to revise the league of states and devise the first system of federal government under the Articles of Confederation, leading proponents of the Constitutional Convention, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new frame of government rather than revise the existing one. Delegates elected George Washington of Virginia, former commanding general of the Continental Army in the American Revolutionary War and a proponent of a stronger national government, to serve as President of the convention. The convention ultimately debated and ratified the Constitution of the United States, making the convention one of the most significant events in American history. The convention took place in Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The convention was not referred to as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
