The rule of avoidance was a rule employed typically in states with centralized government system which prohibited local officials from serving in their places of origin, so that family and friends would not influence them and prevent local

separatism Separatism is the advocacy of cultural, ethnic, tribal, religious, racial, regional, governmental, or gender separation from the larger group. As with secession, separatism conventionally refers to full political separation. Groups simply seekin ...

. The system was originated in

Han dynasty The Han dynasty was an Dynasties of China, imperial dynasty of China (202 BC9 AD, 25–220 AD) established by Liu Bang and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–206 BC ...

of China and has persisted into modern times. A system similar to this was adopted by Emperor

Akbar Akbar (Jalal-ud-din Muhammad Akbar, – ), popularly known as Akbar the Great, was the third Mughal emperor, who reigned from 1556 to 1605. Akbar succeeded his father, Humayun, under a regent, Bairam Khan, who helped the young emperor expa ...

of the

Mughal Empire The Mughal Empire was an Early modern period, early modern empire in South Asia. At its peak, the empire stretched from the outer fringes of the Indus River Basin in the west, northern Afghanistan in the northwest, and Kashmir in the north, to ...

to prevent corruption and favoritism. It is also an entirely different principle in

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

constitutional law, and a cultural norm in some cultures that promotes

exogamy Exogamy is the social norm of mating or marrying outside one's social group. The group defines the scope and extent of exogamy, and the rules and enforcement mechanisms that ensure its continuity. One form of exogamy is dual exogamy, in which tw ...

China

The rule of avoidance employed during the

, and persisted through various subsequent dynasties and continues to influence the appointment of local government leaders in the People’s Republic of China and the

Chinese Communist Party The Communist Party of China (CPC), also translated into English as Chinese Communist Party (CCP), is the founding and One-party state, sole ruling party of the People's Republic of China (PRC). Founded in 1921, the CCP emerged victorious in the ...

, prohibited local officials from serving in their places of origin, so that family and friends would not influence them and prevent the potential

movement. Terms of service were for only three or four years, and parents and sons over fifteen could not accompany officials. Each prefecture sent delegates to an annual court assembly. This practice would continue through to the end of the Qing dynasty.

Mughal Empire

In the time of Emperor Akbar of the

(in the area of what is now

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...

and

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...

), a system similar to this was put into place to ensure smooth running of government and to prevent corruption. Government officials were not allowed to serve in one jurisdiction for long so that they did not become too involved in local affairs and become stronger than the Emperor himself. After a period of time, employees of the Emperor were transferred and jurisdiction of service was thus rotated regularly. The implementation of this system in the Empire by Akbar helped in preventing corruption and favoritism. This method was discarded and forgotten by the later Emperors.

United States law

The rule of avoidance employed by the

United States 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 U.S. federal court cases, and over state court cases that turn on question ...

is a principle called Ashwander rules, settled in ''Ashwander v. TVA'' (297 US 288, 346-347 (1936)), that where a controversy may be settled on a platform other than one involving constitutional adjudication, the court should avoid the constitutional question. It was articulated by Justice Louis D. Brandeis, are a set of principles used by the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

for avoiding constitutional rulings.

Irish law

This principle is also used in Irish law: see Carmody v Minister for Justicebr>

References

{{Reflist Supreme Court of the United States Constitutional law Chinese law