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FOCJ

Functional Overlapping Competing Jurisdictions is a moderate form of panarchy advocated by Swiss economists Bruno Frey and Reiner Eichenberger. Under FOCJ, government operations are divided into multiple organisations each known as a FOCUS. FOCJ ...

                                               

Free elections law

A free elections law, also known as a free and equal elections clause, is a section in many U.S. state constitutions which mandates that elections of public officials shall be free and not influence by other powers. Most such laws were placed int ...

                                               

Fundamental rights

Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a Constitution, or have been found under Due Process of law.

                                               

General welfare clause

A general welfare clause is a section that appears in many constitutions, as well as in some charters and statutes, which provides that the governing body empowered by the document may enact laws to promote the general welfare of the people, some ...

                                               

Glik v. Cunniffe

Glik v. Cunniffe, 655 F.3d 78 is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arre ...

                                               

Golden rule (law)

The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpre ...

                                               

Government by Judiciary

Government by Judiciary is a 1977 book by constitutional scholar and law professor Raoul Berger which argues that the U.S. Supreme Court has interpreted the Fourteenth Amendment of the U.S. Constitution contrary to the original intent of the fram ...

                                               

Habeas corpus

Habeas corpus ; Medieval Latin meaning ") is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring th ...

                                               

Habeas data

Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is" you have the data”. The remedy varies from country to country, but in general, it is designed to protect, by means ...

                                               

Handschu agreement

In 1971, members of the Black Panther Party known as the Panther 21 were tried for conspiracy to blow up police stations and department stores. They were acquitted of all charges after only 90 minutes of jury deliberation. The trial revealed the ...

                                               

Her Majesty's Government (term)

The phrase Her Majestys Government is a formal term referring to the government of a Commonwealth realm or one of its constituent provinces, states or territories. In use since at least the height of the British Empire, the phrase has been inheri ...

                                               

Kamal Hossain

Kamal Hossain is a Bangladeshi lawyer and politician. He is head of Kamal Hossain & Associates, a law firm based in Dacca, the capital of Bangladesh. Hossain is the founder and president of the Gano Forum political party and leader of the Jatiya ...

                                               

Imperative mandate (Ukraine)

Imperative mandate commonly refers to a provision in the Constitution of Ukraine in which members of the Verkhovna Rada are bound by the constitution and laws of Ukraine to remain members of the parliamentary faction or bloc in which they were el ...

                                               

Implied powers

Implied powers, in the United States, are powers authorized by the Constitution that, while not stated, seem implied by powers that are expressly stated.

                                               

Independence constitution

Independence constitution is the name commonly given by African political scientists to originating constitutions of former British colonies, primarily in Africa, which gained their independence approximately 1960-1990. Due to these colonies low ...

                                               

Independent media

Independent media refers to any form of media, such as radio, television, newspapers or the Internet, that is free of influence by government or corporate interests. The term has varied applications. Within the United States and other developed c ...

                                               

Institute of Bill of Rights Law

The Institute of Bill of Rights Law, founded in 1982, is a center for the study of constitutional law at the William & Mary School of Law in Williamsburg, Virginia, United States. The IBRL focuses on enhancing a scholarly understanding of the nat ...

                                               

Judicial activism in the European Union

In the Cassis de Dijon Case, the European Court of Justice ruled the German laws prohibiting sales of liquors with alcohol percentages between 15% and 25% conflicted with EU laws. This ruling confirmed that EU law has primacy over member-state la ...

                                               

Judicial minimalism

Judicial minimalism refers to a philosophy in United States constitutional law which promotes itself as a politically moderate viewpoint such as that of retired Judge Sandra Day OConnor. It is often compared to other judicial philosophies such as ...

                                               

Kesavananda Bharati v. State of Kerala

The Kesavananda Bharati judgement or His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. 4 SCC 225) is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Constituti ...

                                               

Law Terms Act 1830

The Law Terms Act 1830 was an Act of the Parliament of the United Kingdom that made various changes to the court system of England and Wales. Section 8 granted direct appeal from the Court of Common Pleas to the Court of Exchequer Chamber, rather ...

                                               

Legislature Parliament of Nepal

Legislature Parliament of Nepal was the unicameral legislature of Nepal. It was formed as the result of the 2013 Constituent Assembly elections after the failure of the first Constituent Assembly to promulgate a new constitution. The legislature ...

                                               

Liberal legalism

In politics and law, liberal legalism is a belief that politics should be constrained by legal constitutional boundaries. Liberal legalism has also been called legal constitutionalism, such as is found in United States and Germany, with political ...

                                               

List of political leaders who suspended the constitution

                                               

Metaconstitution

A metaconstitution is a set of pre-constitutional rules. It is in lieu of a formalized constitution and consists of accepted axiomatic policy. The constitution is similar to or developed from this. A metaconstitution is also less binding, and can ...

                                               

Mixed government

Mixed government is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived as anarchy, oligarchy and tyranny. The idea was popularized du ...

                                               

Monitor Polski

Monitor Polski is a publication of the Prime Minister of the Republic of Poland. It publishes legal acts in Polish law that are not a source of new laws, and various public decisions that are required to be made public. Unlike Dziennik Ustaw, act ...

                                               

Johann Jakob Moser

Johann Jakob Moser was a German jurist, publicist and researcher, whose work earned him the title "The Father of German Constitutional Law" and whose political commitment to the principles of Liberalism caused him to lose academic positions and s ...

                                               

New York Bill of Rights

                                               

No taxation without representation

No taxation without representation is a political slogan originating during the 1700s that summarized one of 27 colonial grievances of the American colonists in the Thirteen Colonies, which was one of the major causes of the American Revolution. ...

                                               

Office of profit

An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. It’s a term used in ...

                                               

Ouster clause

An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the ...

                                               

Plenary power

A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term plenus.

                                               

Ponsonby Rule

The Ponsonby Rule was a constitutional convention in United Kingdom constitutional law that dictated that most international treaties had to be laid before Parliament 21 days before ratification. On 11 November 2010, Part 2 of the Constitutional ...

                                               

Prerogative instrument

A prerogative instrument is a legal instrument issued in the United Kingdom under the royal prerogative, in contrast with a Statutory Instrument. Examples of prerogative instruments include letters patent including most royal charters, royal inst ...

                                               

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 im ...

                                               

Exclusive federal powers

Exclusive federal powers are powers within a federal system of government that each constituent political unit is absolutely or conditionally prohibited from exercising. That is, either a constituent political unit may never exercise these powers ...

                                               

Proposed National Unification Promotion Law

The proposed National Unification Promotion Law of the Peoples Republic of China is a document that appeared in early 2004 as a suggestion to create formal a legal basis for the Peoples Republic of Chinas reunification with Taiwan. It was authore ...

                                               

Regional council (Italy)

A regional council in Italy is the elected legislative assembly of a region of Italy. In Emilia-Romagna and Sicily, the legislative bodies are called Sicilian Regional Assembly and Legislative Assembly of Emilia-Romagna respectively.

                                               

Rights of Englishmen

The rights of Englishmen are the perceived traditional rights of English subjects and later English speaking subjects of the British crown. In the 18th century, some of the colonists who objected to British rule in the British colonies in North A ...

                                               

Royal prerogative

The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the g ...

                                               

Rule according to higher law

The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles of fairness, morality, and justice. Thus, the rule according to a higher law may ...

                                               

Rule of avoidance

The rule of avoidance was a rule employed in the Sui Dynasty in China for the appointment of officials. A system similar to this was adopted by Emperor Akbar of the Mughal Empire to prevent corruption and favoritism. It is also an entirely differ ...

                                               

Rulings of the Constitutional Court of Thailand

The rulings of the Constitutional Court of Thailand have, since the Courts establishment in 1998, had an important impact on Thai politics and jurisprudence. Major rulings having included the 1999 ruling that Deputy Minister of Agriculture Newin ...

                                               

Salus populi suprema lex esto

Salus populi suprema lex esto of the people should be the supreme law", "Let the good of the people be the supreme law", or "The welfare of the people shall be the supreme law") is a maxim or principle found in Ciceros De Legibus.

                                               

Single-subject rule

The single-subject rule is a rule in the constitutional law of some jurisdictions that stipulates that some or all types of legislation may deal with only one main issue. One purpose is to avoid complexity in laws, to avoid any hidden that legisl ...

                                               

Special delegation (France)

A special delegation in a municipal organization is a delegation of several members appointed by a representative of the state following the dissolution or resignation of a municipal council or another organization to perform the functions of may ...

                                               

State of Defence (Germany)

The state of defence is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this sta ...

                                               

State trials

In English law, the term state trials primarily denotes trials relating to offences against the state. In practice it is a term often used of cases illustrative of the law relating to state officers or of international or constitutional law.

                                               

Supreme Court of Justice of Colombia

The Supreme Court of Colombia in Bogota is the highest judicial body in civil and penal matters and issues of criminal and civil procedure in Colombia. The Supreme Court of Colombia is the highest authority in regard to the interpretation of admi ...

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