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206 Sentences With "written law"

How to use written law in a sentence? Find typical usage patterns (collocations)/phrases/context for "written law" and check conjugation/comparative form for "written law". Mastering all the usages of "written law" from sentence examples published by news publications.

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The written constitution, the written law — these are important.
The concept of executive privilege isn't in the Constitution or any written law.
The association between written law and democracy is much more problematic than one might at first imagine.
" Just before the bill passed, McCaskill told reporters that it was "a very, very narrowly written law.
The narrow context of the black and white of the written law and original intent is not sufficient.
According to the written law, a prime minister has no obligation to resign until a court convicts him.
The Treasury Department had to figure out how to carry out the hastily written law, which lacked crucial details.
But as John Locke pointed out in his "Second Treatise of Government," gaps and ambiguities are hallmarks of written law.
In 2014, India&aposs government made the decision to officially recognize transgender and non-binary people in its written law.
Our courts have been complicit in the exploitation as well, since the criteria for asylum has creeped beyond the written law.
And public officials have gone to great lengths to argue that the vague and poorly written law is not anti-Muslim.
It has no laws or statutes specifying its jurisdiction that have been made public, and anyway, Saudi Arabia has no written law.
After the Christchurch massacre, Australia passed a hastily written law requiring platforms to take down "abhorrent violence material" and to do so "expeditiously".
But gaps and ambiguities in written law allow the president to retain executive power in doing so, such as by using executive orders.
Moreover, most E.U. legislation is not in the form of written law, but rather "directives" to the states, whose legislatures then turn them into law.
Its influence has grown partly because judges have substituted their own policy preferences for the written law, but more often because legislators have failed to do their job.
A history major and law student, Captain Murphy, then an Army specialist, appreciated the incongruity of trying to bring law and order to one of the birthplaces of written law.
There is no written law telling people that football is banned, but it is stated in the street, in mosques, and at media points [internet booths where IS-supported content can be seen].
Since passing a Warren-written law allowing for FDA-approved, over-the-counter hearing aids without medical evaluation, competitors have jumped into the space, driving down the cost of audio assistance for everyone.
" If Silicon Valley and Washington cannot find some alternative solution through innovation, Secretary Carter added, the most likely result would be a poorly written law, "or a solution written by China or Russia.
But the Polish government has tried to weaponize history for its own ends as well, passing a broadly written law that would have made it a crime to accuse Poland of collaboration in the Holocaust.
In some places, police don't ask about immigration status; in others, there is a written law forbidding them from doing so; and in still others, cops refuse to pass individuals over to ICE if the federal agency asks.
"If it's led to this much confusion, it's a badly written law," said Cynthia Conti-Cook, a staff lawyer at the Legal Aid Society, a nonprofit that sought Officer Pantaleo's records from the Civilian Complaint Review Board, a police oversight agency.
In all, what Obama left behind was a troubling inheritance — vast, secret and mostly unilateral powers to spy and to kill in the name of fighting the global war on terror, powers that depend more on the good intentions of those who wield them than on any written law.
Most Democrats will never accept that they lost the election and that President Trump is appointing somebody who believes in infidelity to the Constitution, that believes in separation of powers, that interprets U.S. law based on the clear and written intent of our founders and the clear and written law, as written by a separate branch of government.
The provisions of the Act are in addition to and not in derogation of the provisions of any other written law and, in the event of conflict between any provision of this Act and any provision of any other written law, the provisions of the Act prevail.CLTPA, s. 29.
Also, section 9A of the Interpretation Act. requires a purposive interpretation of written law, including the Constitution, to "promote the purpose or object underlying the written law".Interpretation Act, s. 9A(1). Sections 9A(3)(c) and (d) identify ministerial speeches made at the second readings of bills or "any relevant material in any official record of debates in Parliament" as appropriate aspects of the interpretive matrix.
Section 9A requires a purposive approach to be taken when interpreting laws, and states that an interpretation of a law that would promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) shall be preferred to an interpretation that would not promote that purpose or object. Article 2(9) states: "Subject to this Article, the Interpretation Act (Cap. 1) shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that Act".Constitution, Art. 2(9).
This rule itself, however, being legal doctrine, is not explicitly included anywhere within the written law and is only found in the official commission reports and ministerial commentaries accompanying the bill.
The Russian Civil Code explicitly mentions custom as a separate source of law. Traditions may establish rules of decision where there is no dispositive language in statute or other written law.
Pratt, "Written Law and the Communication of Authority", p. 332 It remained in force throughout the tenth century, and Æthelstan's codes were built on this foundation.Keynes, "England, c. 900–1016", p.
The so-called Eternal Edict of 1611, for instance, reformed the judicial system and ushered in the transition from customary to written law. Other measures dealt with monetary matters, the nobility, duels, gambling, etc.
His proper left leg is in front of his right. The right proper leg bears the weight. In the crook of his left arm is a large book symbolizing written law. See Symbols of Law pdf.
The Written Law is a 1931 British drama film directed by Reginald Fogwell and starring Madeleine Carroll, Percy Marmont and Henry Hewitt.BFI.org The screenplay concerns a man who is cured of blindness but conceals his recovery from his wife.
The law of Peru includes a constitution and legislation. The law of Perú is part of the roman-germanic tradition that concedes the utmost importance to the written law, therefore, statutes known as leyes are the primary source of the law.
Ius non scriptum is Latin for "unwritten law". It contrasts with the ius scriptum ("written law") by way of their sources (e.g. a legislature, court judgments, or custom). The ius non scriptum was the body of common laws that arose from customary practice.
Demonstrating how the Mishnah's rulings or disputes derive from interpretations of Biblical texts, the Gemara will often ask where in the Torah the Mishnah derives a particular law. See Talmudic hermeneutics and Oral Torah #The interplay of the Oral and Written Law.
IA, ss. 9A(3)(c) and (d). Through section 9A, Parliament requires judges to determine the meaning of written law by understanding the Parliamentary intention underlying the law and its purpose. Therefore, judges' freedom when it comes to statutory interpretation is somewhat restricted.
In their main role, JPs serve as visiting justices of Singapore prisons, mediators or neutral referees in the state courts. In addition, they regularly solemnise marriages in the Registry of Marriages or perform the duties of the magistrate conferred on them by any written law.
The Court of Appeal noted that the definition of the word law in Article 2(1) of the Constitution includes "written law", which means that the MDA is law within the meaning of Article 9(1).Yong Vui Kong (substantive appeal), pp. 499, para. 12; and p.
125 & 129. The bureaucratic Roman state backed by the influence of writing, in turn, fostered absolutism, the form of government in which power is vested in a single ruler.Innis (Empire), p.125. Innis adds that Roman bureaucracy destroyed the balance between oral and written law giving rise to fixed, written decrees.
Prohibits the enactment of ex post facto (retroactive) laws. All persons punished under the law are entitled to due process, punishments must follow what is dictated by written law. Note that due process under Mexican law is not the same as US law as Mexico is not a common law country.
No written law can take away sin any more than washing with water can. But the gospel of Jesus is completely different. It is a composition of faith, not precepts, and the remedy available under this law is free grace. The seed of the serpent is not necessarily intent upon evil.
They sin and sin again. This frailty is because the seed of the serpent is always mixed in with the seed of faith. What is amiss with all this sin is not that it infringes a written law but that it disturbs the inner peace of the believer. Good conduct, then, does matter.
This power is expressed to be without prejudice to the provisions of any other written law. Any evidence of the commission of any offence may be seized.CLTPA, s. 14(3). It is an offence for a person to resist, hinder or obstruct a police officer carrying out a search;CLTPA, s. 14(4).
329, ibid. Pollock and Maitland believed Coke’s opinion to be the more valid one. Both views may have been true: modern scholars may have given more weight to the written law of the Normans than existed in reality after the Black Death had altered the economic conditions of the age.P & M, p.
Aaronberg (2010) p.5 Under Section 4, the activity will be considered to be "improperly" performed when the expectation of good faith or impartiality has been breached, or when the function has been performed in a way not expected of a person in a position of trust. Section 5 provides that the standard in deciding what would be expected is what a reasonable person in the UK might expect of a person in such a position. Where the breach has occurred in a jurisdiction outside the UK, local practices or customs should be disregarded when deciding this, unless they form part of the "written law" of the jurisdiction; "written law" is given to mean any constitution, statute or judicial opinion set down in writing.
"common law" , 8 December 2008:, retrieved on 7 November 2009. "2. The system of law originated and developed in England and based on prior court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than codified written law. Contrast: CIVIL LAW."Charles Arnold-Baker, The Companion to British History, s.v.
Nass () is an Arabic word variously translated as "a known, clear legal injunction," a "divine decree", a "designation", "written law" as opposed to unwritten law, "canonical text" that forbids or requires, a "textual proof". In Shiah Islam (Twelver and Isma'ili), nass refers specifically to the designation of an infallible Imam by a previous infallible Imam.
Nicholas Brooks sees the role of the bishops as marking an important stage in the increasing involvement of the church in the making and enforcement of law.Foot, Æthelstan: The First King of England, pp. 138, 146–148; Pratt, "Written Law and the Communication of Authority", pp. 336, 350; Keynes, "England, c. 900–1016", p.
Lex non scripta is a Latin expression that means "'law not written'" or "'unwritten law'". It is a term that embraces all the laws which do not come under the definition of written law or "lex scripta" and it is composed, principally, of the law of nature, the law of nations, the common law, and customs.
Statutory corporation is defined in the , s. 7A(5), to mean any body corporate established by or under written law to perform or discharge any public function. The Government may only withdraw money from the Consolidated Fund and Development Fund if authorized by a Supply law, Supplementary Supply law or Final Supply law passed by Parliament.
A patrician aristocracy took control, but after prolonged class warfare, gradually shared power with the plebeians.Innis (Empire), pp. 107–108. Innis suggests that Roman law flourished at this time because of its oral tradition. A priestly class, "equipped with trained memories," made and administered the laws, their power strengthened because there was no body of written law.
In 455 BC, he was elected consul with Gaius Veturius Cicurinus.Diodorus Siculus, Bibliotheca Historica, XII. 4 They issued orders during a period of high tension between the patricians and the plebeians. The tribunes of the plebs, representatives of the people, demanded in vain for many years that the power of the consuls be limited in written law.
A dong is the smallest level of urban-area division to have its own office and staff in South Korea. There are two types of dong: legal-status neighborhood (법정동) and administrative neighborhood (행정동). For land property and (old) address, legal- status neighborhood is mainly used. Unlike what the name indicates, they are not defined by any written law.
In 455 BC, he was elected consul with Titus Romilius Rocus Vaticanus.Diodorus Siculus, Bibliotheca Historica, XII. 4 They issued orders during a period of high tension between the patricians and the plebeians. The tribunes of the plebs, representatives of the people, demanded in vain for many years that the power of the consuls be limited in written law.
The amending Act inserted section 9A into the Interpretation Act,Now the ("IA"). For commentary on s. 9A, see . which mandates that judges take a purposive approach to interpreting written law by requiring that an interpretation that promotes the purpose or object underlying the law be preferred to one that does not promote the purpose or object.
Article 23(2) further prohibits discrimination "by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority", and Article 23(3) defines discrimination as extending to differential treatment of persons on the basis of "race, tribe, sex, place of origin, marital status, political opinions, color or creed".
The Torah Temimah (תורה תמימה - from Psalms 19:8 תּוֹרַת ה תְּמִימָה "The Torah of Hashem is perfect.") is the magnum opus of Rabbi Baruch Epstein. Published in 1902, it is a commentary on the Torah and the Five Megillot, the object of which was "to show the interrelationship between the Oral and Written Law." Rabbi Baruch HaLevi Epstein, ou.
After a federal election, the process of government formation starts. This process is based on constitutional convention rather than written law and generally consists of two stages: information and formation. The King consults the presidents of the Chamber of Representatives and the Senate and a number of prominent politicians in order to discuss the election results. Following these meetings, he appoints an informateur.
Notwithstanding anything to the contrary in any written law, a court may order that the whole or any part of any trial before it for any offence under the Act shall be dealt with in camera if it is satisfied that it is expedient in the interests of justice or of public safety or security to do so.CLTPA, s. 23.
The Sultan Abdul Samad Building used to house the apex courts of Malaysia. The laws of Malaysia can be divided into two types of laws—written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions.
After the elections, the Prime Minister of the former government offers his resignation to the King, and the formation process for a new government starts. The incumbent government remains in office in a caretaker role until the new government is sworn in. De vorming van een regering, belgium.be This process is based largely on constitutional convention rather than written law.
Jus scriptum or ius scriptum is Latin for "written law". The Roman lawyers saw this law as a law issued by public authorities with legislative function. Such law was typically redacted in writing. In later Roman law and in present-day law written laws (leges) which are made by legislative organs of a state predicted by a constitution are considered jus scriptum.
Samuel was a land trader. He bought and sold land grants given for military service in the Revolution. As a testament to the American faith in written law Barton, General James Robertson and other prominent men of the area drafted and signed the Cumberland Compact in May 1780. This document served as an informal "constitution" until Tennessee became the 16th state of the Union in 1796.
Vehicle pursuits are another use of police power that can involve much discretion on part of the officer. However, if a pursuit is conducted negligently, resulting in death or injury, the law enforcement agency can be held liable under civil law in the United States. Vehicle pursuits have increasingly been covered under written law enforcement agency policy, to help regulate circumstances and manner that they are conducted.
IA, s. 9A(1). In determining the meaning of a provision of written law, the court may consider extrinsic materials, that is, materials not forming part of the written law.IA, s. 9A(2). Such materials include the speech made in Parliament by a minister during the Second Reading of a bill containing the provision, and other relevant material in any official record of Parliamentary debates.
Talmudical Hermeneutics (Hebrew: approximately, מידות שהתורה נדרשת בהן) is the science which defines the rules and methods for the investigation and exact determination of the meaning of the Scriptures, both legal and historical. Since the Halakah, however, is regarded simply as an exposition and explanation of the Torah, Talmud hermeneutics includes also the rules by which the requirements of the oral law are derived from and established by the written law.
Silk textile from Tomb no. 1 at Mawangdui Han tombs site, 2nd century BCE, Western Han; according to sumptuary laws, registered merchants were barred from wearing silk, yet this was commonly flouted and hard to enforce. By the Han dynasty, written law had matured from its archaic form based largely on natural law and social customs into a rational corpus influenced by politics and based on positive law.Hulsewé (1986), 523-524.
Under Sharia law, generally enforced by the government, the courts will punish a rapist with anything from flogging to execution. As there is no penal code in Saudi Arabia, there is no written law which specifically criminalizes rape or prescribes its punishment. The rape victim is often punished as well, if she had first entered the rapist's company in violation of purdah. There is no prohibition against spousal or statutory rape.
It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;Nulla poena sine lege scripta: There is to be no penalty without written law. That is, criminal prohibitions must be set out in written legal instruments of general application, normally statutes, adopted in the form required by constitutional law. This excludes customary law as a basis of criminal punishment.
The Constitutions of Melfi were created in order to establish a centralized state. For example, citizens were not allowed to carry weapons or wear armour in public unless they were under royal command. As a result, rebellions were reduced. The Constitutions made the Kingdom of Sicily an absolute monarchy, the first centralized state in Europe to emerge from feudalism; it also set a precedent for the primacy of written law.
Miami prospered during the 1920s with an increase in population and infrastructure as northerners moved to the city. The legacy of Jim Crow was embedded in these developments. Miami's chief of police at the time, H. Leslie Quigg, did not hide the fact that he, like many other white Miami police officers, was a member of the Ku Klux Klan. Unsurprisingly, these officers enforced social codes far beyond the written law.
The ancient legal system of Nnewi was not based upon a written law. It was purely a natural law, involving custom, tradition, and civil and criminal cases. The legal process in Nnewi passed through the labyrinth of extended family system. A report against an offender or a criminal in the first instance, had to be made to the head of his family at his ancestral home known as obi.
Reform was accomplished by legislation, and written law replaced consensus.Gruen, The Last Generation of the Roman Republic, pp. 258, 498, 507–508. When plebeians gained admission to nearly all the highest offices, except for a few arcane priesthoods, the interests of plebeian families who ascended to the elite began to align with those of the patricians, creating Rome's nobiles, an elite social status of nebulous definition during the Republic.
The divine law consists of an old and a new. Insofar as the old divine law contains the moral law of nature, it is universally valid; what there is in it, however, beyond this is valid only for the Jews. The new law is "primarily grace itself" and so a "law given within"; "a gift superadded to nature by grace," but not a "written law." In this sense, as sacramental grace, the new law justifies.
Kelley cautions the states against drawing up too quickly a hastily and poorly written law such that a court may strike it down thereby setting a precedent for similar laws. Finally, Kelly briefly explores how society ultimately bears the cost for not paying a sufficient minimum wage, through caring for the poor and through the maintenance of prisons. Modern Industry: in relation to the family, health, education, morality. New York: Longmans, Green 1914.
Scholars such as White and Ronald Dworkin find greater relevance in law as literature because it maintains that the meaning of legal texts, such as written law, like any other genre of literature, can only be discovered through interpretation. Although legal scholars have long considered both literary and legal texts in their study of the legal process, the recent degree to which the two seemingly separate genres interact has sparked great debates among scholars.
The High Court is the lower division of the Supreme Court, the upper one being the Court of Appeal., Article 94(1): "The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law." The High Court consists of the Chief Justice of Singapore and the Judges of the High Court.SCJA, s. 9.
Judah ben Tabbai, on the other hand, continued to apply only the Written Torah, the written law which was known since ancient times. Thus, Simeon and his followers became the founders of Rabbinic Judaism, which is Judaism based on the new Oral Torah, whereas Judah and his followers, and all the Pharisees who continued to follow only the Written Torah, became the founders of Karaite Judaism. This split occurred in approximately 57 BCE.
Sarah Foot commented that tithing and oath- taking to deal with the problem of theft had its origin in Frankia: :But the equation of theft with disloyalty to Æthelstan's person appears peculiar to him. His preoccupation with theft—tough on theft, tough on the causes of theft—finds no direct parallel in other kings' codes.Pratt, "Written Law and the Communication of Authority", pp. 339–347; Foot, Æthelstan: The First King of England, pp.
The term "Oral Torah" should not be understood as a monolith. The Jewish Encyclopedia divides the Oral Torah into eight categories, ranked according to the relative level of authoritativeness, which are found within the Talmud, the Tosefta and the halakhic Midrashim. # Explanations of those laws of the written law, which are not fully intelligible without the explanations, and therefore presuppose an oral interpretation. Such explanations are connected in some way with Scripture.
These have been further expounded by commentaries of various Torah scholars during the ages. In the text of the Torah, many words are left undefined and many procedures are mentioned without explanation or instructions. Such phenomena are sometimes offered to validate the viewpoint that the Written Law has always been transmitted with a parallel oral tradition, illustrating the assumption that the reader is already familiar with the details from other, i.e., oral, sources.
The origins of the Egyptian penal code date back to the period of time known as the Pharaonic Era or Ancient Egypt. During this era, justice and the law were key elements of society. The powers in the justice system were assigned by the king and followed a hierarchy. In the Pharaonic Era, common law and judicial precedent were main sources of criminal law and procedure with the presence of some written law.
The eldest son inherited the farthest camping lands and pastures, and each son in turn inherited camping lands and pastures closer to the family tent until the youngest son inherited the camping lands and pastures immediately surrounding the family tent. Family units would often remain near each other and in close cooperation, though extended families would inevitably break up after a few generations. It is probable that the Yasa simply put into written law the principles of customary law.
Until 1851, Montenegro was a theocracy, ruled by an Orthodox Bishop and a Senate, composed of representatives of Montenegrin tribes, which enjoyed a full autonomy. The first written law was passed in 1789 (and amended in 1803), during the rule of Bishop Peter I. It prescribed the death penalty for murder and treason and allowed three modes of execution: hanging, shooting and stoning.Zakonik obšči crnogorski i brdski. Zakonik Danila Prvog[The General Code of Montenegro and the Hills.
Karaite Kenesa, Kiev, Ukraine. Karaite Judaism is a Jewish denomination characterized by reliance on the Tanakh as the sole source of binding Jewish Law. Karaites rejected the rabbinic tenet that an Oral Torah (oral law) was transmitted to Moses at Mount Sinai along with the written scriptures. Accordingly, they rejected the central works of Rabbinic Judaism which claimed to expound and interpret this written law, including the Midrash and the Talmud, as authoritative on questions of Jewish law.
The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law.
The written law only represents a portion of the laws that impacted the lives of women; therefore they only reflect partial views of what actually happened.Mary P Richards and B. Jane Stanfield. (1990) Despite what the churches doctrines taught, women were considered to be a member of the state and their rights were protected, regardless of their status as maiden, widow or wife. Women were classed as oath worthy and could appear as grantors, grantees and witnesses of charters.
Once the trio reach the island, Cicero launches into an examination of law. He begins by saying that law does not, and cannot, begin with men. Men, to him, are the instruments of a higher wisdom which governs the entire earth and has the power, through shared morality, to command good or forbid evil. Cicero also makes a distinction in this section between legalism (actual written law) and law (right and wrong as dictated by the eternal wisdom).
The law left several loopholes, giving permission to any ship to capture a slave ship, regardless of the country of origin. Slaves captured in such actions who were turned over to the customs office would be sold within the United States, with half the profits going to the people who turned them in. Lafitte worked with several smugglers, including Jim Bowie, to profit from the poorly written law. Lafitte's men identified slave ships and captured them.
There is no written law that restricts women's presence in stadiums, yet a handful of Ayatollahs impose Taliban style restrictions on basic women's rights such as attending football stadiums. As a result, an Iranian woman named Sahar Khodayari (aka the Blue Girl) self-emulated and died on 11 September 2019 protesting the unjustified court ruling that sentenced her to six months in jail just for trying to watch her favorite team's match in Azadi Stadium of Tehran.
They are characterized as such by some French and Dominican scholars in discussions of the judicial doctrine of abuse of rights and the expansion of the notion of unjust enrichment. Authorities, or secondary sources of law, include case law (jurisprudencia) and doctrine. While case law plays an enormous role in the everyday operation of the Dominican law system, because of the necessity to interpret and apply the “written” law, its legal use is mainly limited to deciding particular cases.
The Sumerians produced the earliest surviving written codes.Oppenheim (1964) Urukagina (reigned , short chronology) had an early code that has not survived; a later king, Ur- Nammu, left the earliest extant written law system, the Code of Ur-Nammu (), which prescribed a formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes, including the "code of Lipit-Ishtar". This code, from the 20th century BCE, contains some fifty articles, and scholars have reconstructed it by comparing several sources.
Capitals in the crypt transept and ambulatory have been linked to similar capitals in the Burgundian design and continues with the portico's large, rounded tympanum and double-storied jambs. The figures of the tympanum are made up of a large number of individual reliefs set up side by side. Those on the innermost jamb are not attached to the columns but rest like plaques. The portico represents the Written Law, the Law of Grace and the Natural Law, what can be called Glory.
While there have been Jewish groups whose beliefs were based on the written text of the Torah alone (e.g., the Sadducees, and the Karaites), most Jews believe in the oral law. These oral traditions were transmitted by the Pharisee school of thought of ancient Judaism and were later recorded in written form and expanded upon by the rabbis. According to Rabbinical Jewish tradition, God gave both the Written Law (the Torah) and the Oral law to Moses on Mount Sinai.
Council meetings were held in the Valenti house until 1718, when the council began to meet in the Church of the Annunciation, where they would stay until the republic's dissolution. On the architrave of the church door one can still read the only written law of the tiny republic: "Perpetua et firma libertas", or Perpetual and secure freedom. The Latin phrase referred to was also engraved on the parish bell. After several centuries of existence, Cospaia was reduced to a mere receptacle of contraband.
323 "The Second Lateran Council (1139) seems to have enacted the first written law making sacred orders a diriment impediment to marriage for the universal Church." Celibacy was first required of some clerics in 1123 at the First Lateran Council. Because clerics resisted it, the celibacy mandate was restated at the Second Lateran Council (1139) and the Council of Trent (1545–64).New Advent, "Celibacy of the Clergy" In places, coercion and enslavement of clerical wives and children was apparently involved in the enforcement of the law.
Another lifestyle promoted by the missionaries was manufacturing, the missionaries setting up a sugar refinery and a textile factory. In 1817, Tahiti acquired its first printing press, and, in 1819, cotton, sugar and coffee crops were planted. Pomare II asked the missionaries for advice on laws, and the missionaries, being monarchists and wanting Pomare to be a proper monarch, advised him that the laws would have to be his, not theirs. They did make suggestions, however, and in September 1819, Pomare produced Tahiti's first written law.
Roman law recognised , i.e. the responses and thoughts of jurists, as one of the sources of (written law), along with laws originating from magistrates, from the Senate, or from the emperor. A particularly well-known and highly influential example of such responsa was the Digesta (or Digests), in 90 books, principal work of the prominent Second Century jurist Salvius Julianus. This was a systematic treatise on civil and praetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers.
Written law is the basis of the legal order, and the most important source of law are: legal regulations (acts of parliament, as well as delegated legislation), international treaties (once they have been ratified by the parliament and promulgated), and such findings of the Constitutional Court of the Czech Republic, in which a statute or its part has been nullified as unconstitutional. It is made public by the periodically published ', abbreviated Sb. (“Collection of Law”, “Coll.”), and ', abbreviated Sb. m. s. (“Collection of International Treaties”).
Most patristic sources portray the Ebionites as Jews who zealously followed the Written Law alone (without the Oral Law), revered Jerusalem as the holiest city and restricted table fellowship only to Gentiles who converted to Judaism. Some Church Fathers describe some Ebionites as departing from traditional Jewish principles of faith and practice. For example, Methodius of Olympus stated that the Ebionites believed that the prophets spoke only by their own power and not by the power of the Holy Spirit. excerpt from St. Methodius of Olympus, Symposium on Virginity, 8.10.
In addition, a smaller meal, called a collation, was allowed in the evening, and a cup of some beverage, accompanied by a little bread, in the morning. In practice, this obligation, which was a matter of custom rather than of written law, was not observed strictly. The 1917 Code of Canon Law allowed the full meal on a fasting day to be taken at any hour and to be supplemented by two collations, with the quantity and the quality of the food to be determined by local custom.
On an individual level, double consciousness is practiced within every day interactions, and on an institutional level, it impacts how black people function throughout society. "Black People are legal citizens of the United States with, for the most part, the same legal rights as other citizens. Yet they stand as colonial subjects in relations to the with society." Therefore, while the black population in the United States are essentially equal to whites under written law, there remains deeply rooted inequities between the races and therefore, reinforce double consciousness.
The First Statute, 1529 The issuance of the codex is an illustration of two different tendencies in the political elite of G.D.L. The issuance of a written law codex shows a significant western influence on Lithuanian political culture of this time. However, the existence of a Lithuanian system of law shows that cultural differences from Western Europe existed and were acknowledged by ruling classes. In this time, Lithuanians were getting acquainted with Western European culture and this process had interesting discoveries, which also caused later ruling political ideas. However, the process was not trivial.
Vilna Edition of the Babylonian Talmud, Tractate Berachot, folio 2a. Originally, Jewish scholarship was oral. Rabbis expounded and debated the law (the written law expressed in the Hebrew Bible) and discussed the Tanakh without the benefit of written works (other than the biblical books themselves), though some may have made private notes ('), for example of court decisions. This situation changed drastically, however, mainly as the result of the destruction of the Jewish commonwealth in the year 70 CE and the consequent upheaval of Jewish social and legal norms.
The American Land Rights Association has done coverage in Wrangell, Alaska, between the Pilgrim family and the NPS, over a bulldozing incident in the Wrangell-St. Elias National Park and Preserve. Some coverage was done on this event by the ALRA on their newsletter here, which was part of a much bigger inquiry on what the National Park Service was doing in Alaska. The ALRA supported the pilgrims family use of the Revised Statute 2477, a written law enacted by the United States Congress, to state that the path bulldozed in the Wrangell-St.
The Song judicial system retained most of the legal code of the earlier Tang dynasty, the basis of traditional Chinese law up until the modern era. Roving sheriffs maintained law and order in the municipal jurisdictions and occasionally ventured into the countryside. Official magistrates overseeing court cases were not only expected to be well- versed in written law but also to promote morality in society. Magistrates such as the famed Bao Zheng (999–1062) embodied the upright, moral judge who upheld justice and never failed to live up to his principles.
Lucius Sergius Esquilinus was one of the ten members of the second decemvirate, presided over by Appius Claudius Sabinus and elected for the writing of the Twelve Tables, first body of written law protecting Roman rights. At the instigation of Sabinus, the decemvirs had maintained their power illegally the following year, refusing to proceed in the election of consuls.Cicero, De Republica, II.61 That year, the Sabines' occupied Eretum, while the Aequi were camped on Mount Algidus. Roman troops were divided into two armies so they could fight on two fronts.
As one of the most fundamental tools for managing the Mongol Empire, the operation of the Yam system was regulated by the written law Yassa. Both messengers and station operators enjoyed extended privileges. Even for everybody else, the requirements of the Yam took precedence before their other duties and interests, and they had to support it whenever it became necessary. This kind of support was made possible by the strict discipline within the empire, which also led to a high level of security, often described as Pax Mongolica.
After three unsuccessful attempts, Wilshire recovers in his workshop, where Spike finds the Easter Bunny. After he finds out that Wilshire was the kidnapper, Wilshire springs a trapdoor, sending both Spike and the Easter Bunny into a pit. The Easter Race is held at a large amphitheater, and Wilshire manages to enter by citing the lack of a written law saying that only rabbits are allowed to compete. Meanwhile, Spike and the Easter Bunny are suspended over the shark tank until the shark jumps up and swallows the two rabbits whole.
No federal statute explicitly grants qualified immunity—qualified immunity is a judicial precedent established by the Supreme Court. While qualified immunity has been repeatedly affirmed by courts and legislation has established similar immunity at the state level, critics have argued that the adoption of qualified immunity in federal law amounts to judicial activism. That is, they argue the Supreme Court invented a new legal doctrine that has little basis in written law. The late Supreme Court Justice Antonin Scalia has argued as much, stating in his dissenting opinion in Crawford-El v.
Agriculture was soon found to be limited by the difficulty of finding enough water in the right places to grow irrigated crops. Winter wheat planted in the fall and harvested in the spring was one early crop that grew well without irrigation. At the beginning of the Gold Rush, there was no written law regarding property rights in the goldfields, and a system of "staking claims" was developed by the miners. The Gold Rush also had negative effects: Native Americans were pushed off of traditional lands and massacred and gold mining caused environmental harm.
Custom also plays a role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States, and the Ninth Amendment explicitly shows that there are other rights that are also protected. The United States Declaration of Independence states that people have unalienable rights including "Life, Liberty and the pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty and property.
According to Rabbinical Jewish tradition, God gave both the Written Law (the Torah) and the Oral law to Moses on Mount Sinai. The Oral law is the oral tradition as relayed by God to Moses and from him, transmitted and taught to the sages (rabbinic leaders) of each subsequent generation. For centuries, the Torah appeared only as a written text transmitted in parallel with the oral tradition. Fearing that the oral traditions might be forgotten, Judah undertook the mission of consolidating the various opinions into one body of law which became known as the Mishnah.
In 1987, the age of consent was equalized for same-sex intercourse in East Germany. On 11 August 1987 the Supreme Court of East Germany struck down a conviction under Paragraph 151 on the basis that "homosexuality, just like heterosexuality, represents a variant of sexual behavior. Homosexual people do therefore not stand outside socialist society, and the civil rights are warranted to them exactly as to all other citizens." One year later, the (the parliament of the GDR), in its fifth revision of the criminal code, brought the written law in line with what the court had ruled, striking Paragraph 151 without replacement.
However, by a different six-to-three majority, the court said that the constitution was made up as much of convention as written law and ruled that a unilateral patriation was not in accordance with constitutional convention. Although the courts enforce laws, not constitutional conventions, the Court's decision stated that agreement by a "substantial" number of premiers would be required to abide by the convention. This number was not defined and commentators later criticized the court's failure to rule that the approval of all provinces was required. The decision was controversial and a loss for the premiers.
In European legal history and the philosophy of law, the jurisprudence of interests is a doctrine of legal positivism of the early 20th century, according to which a written law must be interpreted to reflect the interests it is to promote. The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of the purposes it is intended to accomplish.
Crawford 2004, p. 75 The "Cradle of Civilization" is thus a common term for the area comprising modern Iraq as it was home to the earliest known civilisation, the Sumerian civilisation, which arose in the fertile Tigris-Euphrates river valley of southern Iraq in the Chalcolithic (Ubaid period). It was here, in the late 4th millennium BC, that the world's first writing system and recorded history itself were born. The Sumerians were also the first to harness the wheel and create City States, and whose writings record the first evidence of Mathematics, Astronomy, Astrology, Written Law, Medicine and Organised religion.
Florida State University College of Law, Faculty, Scott D. Markar Makar has written law review and law journal articles on a broad range of topics, many of which have been cited by commentators and courts, with several garnering legal writing awards. He was appointed to the Florida Supreme Court's Standard Jury Instructions Committee (Civil) and currently serves as its chair emeritus. He served on the first Executive Council of the Florida Bar's Appellate Practice and Advocacy Section as a founding member. He also chaired the Appellate Practice Section of the Jacksonville Bar Association from 2001-02.
Parliament is required to provide for all matters relating to the presentation of the address, including the procedure for the passing of the resolution, the investigation and proof of the alleged misbehaviour or incapacity, and the right of the judge to appear and to be heard in person or by representative, by law or by Standing Orders of Parliament. A Judge is not permitted to perform or hold any other office, whether paid or not, or accept any place of profit or emolument, except as authorized by the Constitution or by written law or with the written consent of the President.
Although the IEP offers a multitude of disciplines, its main focus is on politics, including related subjects such as history, law, economics, languages, international relations, and media studies. The law school at Paul Cézanne University, which is currently part of Aix-Marseille University, dates back to the University's foundation in 1409. The school had far-reaching influence, since written law, which in France originated in Aix- en-Provence, spread from there, eventually replacing the common law practiced throughout the rest of Northern Gaul.Ferne Arfin, "Adventure Guide to Provence & the Côte d'Azur", Hunter Publishing Inc, 2009, p.
The continued growth of molka crimes and lack of effective conviction following the creation of the policy shows a gap between the written law and its practical implementation. In a situational analysis based on data and periodic reports from the Korean National Police Agency, the Korean Women Lawyers Association, the Ministry of Gender Equality and Family, and many others, published on October, 2019, it was found that despite protests against spy cameras in South Korea, and petitions signed calling to ban the use of spy cameras in 2018, the issue of spy cameras remains pressing matter in South Korea.
Under the secularist reign of Reza Shah many changes were made in Iran's judicial system, and the establishment of a fixed written law with appeals courts was one of them. In March 1926, Minister of Judicial Affairs Ali-Akbar Davar dissolved Iran's entire judiciary, with the approval of the parliament, and initiating a wave of fundamental restructuring and overhauling reforms with the aid of French judicial experts. By April 1927 Iran had 600 newly appointed judges in Tehran. Davar subsequently attempted to expand the new system into other cities of Iran through a programme involving training of 250 judges.
A. L. P. Buitelaar, De Stichtse ministerialiteit en de ontginningen in de Utrechtse Vechtstreek, Middeleeuwse studies en bronnen, 37, Hilversum: Verloren, 1993, , p. 120 In Friesland, the grietman assumed the duties of both schout (or prosecutor responsible for law enforcement) and asega. In Amstelland asegas were used as part of the legal system until 1388. According to a Frisian legend recorded in the 14th century, twelve asegas were originally given the Lex Frisionum, the written law of Friesland, by the god Fosite after Charlemagne had demanded they recite their law and they were unable to do so, having only custom.
Marcus Cornelius Maluginensis was one of the ten members of the Second Decemvirate, presided over by Appius Claudius Crassus and elected for the purpose of drafting the Law of the Twelve Tables, first written law of the Roman Republic. At the instigation of Appius Claudius, the decemvirs illegally held onto power the following year, refusing to proceed with the election of consuls.Cicero, De Republica, II. 61 That year, a war escalated with the Sabines who were based in Eretum and the Aequi camped under Mount Algidus. The Roman troops were divided into two armies so that they could fight on two fronts.
The edict of emancipation abolished this jurisdiction, and set up instead in each volost a court particular to the peasants, of which the judges and jury, themselves peasants, were elected by the assembly of the volost (volostnoy skhod) each year. In these courts the ordinary written law had little to say; the decisions of the volost courts were based on the local customary law. The justice administered in them was patriarchal and rough, but not ineffective. All civil cases involving less than 100 roubles value were within their competence, and more important cases by consent of the parties.
In statutory law analogy is used in order to fill the so-called lacunas or gaps or loopholes. First, a gap arises when a specific case or legal issue is not explicitly dealt with in written law. Then, one may try to identify a statutory provision which covers the cases that are similar to the case at hand and apply to this case this provision by analogy. Such a gap, in civil law countries, is referred to as a gap extra legem (outside of the law), while analogy which liquidates it is termed analogy extra legem (outside of the law).
Likewise, each son inherited a part of the family's camping lands and pastures, with the elder son receiving more than the younger son. The eldest son inherited the farthest camping lands and pastures, and each son in turn inherited camping lands and pastures closer to the family tent until the youngest son inherited the camping lands and pastures immediately surrounding the family tent. Family units would often remain near each other and in close cooperation, though extended families would inevitably break up after a few generations. It is probable that the Yasa simply put into written law the principles of customary law.
Critics have argued that qualified immunity makes it excessively difficult to sue public officials for misconduct. Criticism is aimed in particular at the "clearly established law" test. This test is typically read as requiring not only that an official's behavior likely violates written law but that there exists a clear judicial precedent that establishes the behavior as unlawful. Critics have noted that in practice this has meant that plaintiffs must prove that there exists a prior court determination made in actual litigation under facts extremely close to those of the case at hand exists, or else the case is dismissed.
Zadok HaKohen said that the Oral Law developed to its full potential after the victory of the Hasmoneans over the Greek culture, a culture characterized by deep analysis and hair-splitting argument. These virtues were converted to a holy nature with the victory of Israel over Greece. This was the fulfillment of the verse “God will give beauty to Yefet and this beauty will dwell in the tents of Shem” (as per Megillah 9b). After the victory, Jews could begin the successful integration of natural science, logic, and philosophy into the world of the Written Law.
According to Rabbinic Judaism, the Oral Torah () was given to Moses with the Torah at Mount Sinai or Mount Horeb as an exposition to the latter. The accumulated traditions of the Oral Law, expounded by scholars in each generation from Moses onward, is considered as the necessary basis for the interpretation, and often for the reading, of the Written Law. Jews sometimes refer to this as the Masorah (Hebrew: ), roughly translated as tradition, though that word is often used in a narrower sense to mean traditions concerning the editing and reading of the Biblical text (see Masoretic Text). The resulting Jewish law and custom is called halakha.
Ed. ) ("ROC"), Order 53, rule 8, which states: "This Order is not applicable to the Subordinate Courts." The amendment of the provision removed a specific reference to the High Court's power to issue writs of quo warranto,Prior to the amendment taking effect in 2006, para. 1 of the 1st Sch. to the SCJA stated that the High Court had "[p]ower to issue to any person or authority directions, orders or writs, including writs of the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any others, for the enforcement of any of the rights conferred by any written law or for any purpose".
The entire body of written law was lost in the subsequent fall of Jerusalem. From this point, the legal system was based largely on custom and the memory of the lost legislation. The renowned jurist Philip of Novara lamented: > We know [the laws] rather poorly, for they are known by hearsay and > usage...and we think an assize is something we have seen as an assize...in > the kingdom of Jerusalem [the barons] made much better use of the laws and > acted on them more surely before the land was lost. Thus, a myth was created of an idyllic early 12th-century legal system.
According to Breuer, God wrote the Torah from "multiple perspectives … each one constituting truth, [for] it is only the combination of such truths that gives expression to the absolute truth." If applied, this approach would provide an alternative framework to the documentary hypothesis, which maintains that the Torah was written by multiple authors. In his two volume book Pirkei Moadot (1986), Rabbi Breuer discusses twenty eight topics, mostly holidays like Shabbat, Pesach, Shavuot, and Hanukkah. The majority of the essays address the peshat or simple understanding of the Biblical text (written law) and attempt to clarify how it corresponds with the halakha or rabbinic law.
In a number of provinces, premiers were previously known by the title prime minister, with premier being an informal term used to apply to all prime ministers, even the Prime Minister of Canada. This practice was eventually phased out to avoid confusing the provincial leaders with the federal prime minister, as well as to indicate the distinct nature of the provincial offices. Officially, the last such case outside Quebec was that of W. A. C. Bennett, who served as Premier of British Columbia and styled himself as prime minister until leaving office in 1972. The title premier is not granted by any written law.
The main purpose of the Notitia was to prevent the usurpation of public land by local officials. The first requirement of a potential actor was to swear on the Gospels that "if I should learn of anything that is against the regulations, I will make this known [facio notitiam] to the king, so that the matter will be resolved." The term notitia may indicate a written notice or report, since the written law is itself referred to as part of a notitia. The law further declares that the government was in possession of a "list of all the territories that pertained to those estates".
One of the result of Rus'–Byzantine Wars was conclusion of Treaties with Byzantine in the 10th century, where, apart from Byzantine legal rules, also Zakon Russkiy (Law of Rus') - rules of Old Russian oral customary law reflected. Yaroslav's Pravda of the beginning of the 11th century was the first written law in Rus'. This short code regulated the relationship between the princely druzhina ("rusins") and the people ("slovenins") concerning criminal law. After Yaroslav's death, his sons Izyaslav, Vsevolod, Svyatoslav and their druzhina got together and promulgated a code concerning the violation of property rights in princely lands (Pravda of Yaroslav's sons) in the middle of the 11th century.
Nor was it intended by the Divine Author of Written Law that the Oral Law be static. Indeed, the dynamic nature of the Tradition was imbedded in the Oral Law by the ancient prohibition against writing down the rulings of the Oral Law in an authoritative text. As long as the Oral Law was transmitted orally and not in writing, later authorities had the right to overturn the rulings of their predecessors that were predicated on a particular interpretation of the Scriptures (Maimonides Mishneh Torah, Hilchot Mamrim 2:1-2). This purely oral transmission of the Oral Law ensured its flexibility and adaptability to changing circumstances.
From 1387, soon after the beginning of the Polish–Lithuanian union, the privileges of the Polish nobility were notionally extended to the Grand Duchy of Lithuania. It would take several centuries, though, for the various elements of the Polish political system to be fully introduced in Lithuania. The Privilege of Czerwińsk from 1422 issued by King Władysław Jagiełło granted the nobility a promise that the king would not confiscate their estates without permission from the juridical court, and that the courts would operate on the basis of the written law. It also limited introduced the principle of incompatibilitas, limiting the ability of individuals to combine numerous offices.
The teraphim (Baal Hammon and Tanit) was left to Yam's will before Dido's problem was resolved. The history of Rabbinic Judaism is closely linked to the rabbinic tradition, which dates back to the time of Alexander the Great with the siege of Tyre (332 BC). The formation of the outlook of the Jews which led to the formation of their religion began in the second millennium BC in Canaan.Judaism Rabbinic tradition holds that the details and interpretation of the Torah (Written Law), which are called the Oral Torah or oral law, were originally an unwritten tradition based upon what God told Moses on Mount Sinai.
CLTPA, s. 45(2). Notwithstanding anything to the contrary in any written law, it is lawful for any police officer of or above the rank of assistant superintendent, or a police officer of any rank specially authorized by a police officer of or above the rank of assistant superintendent, to effect the arrest of any person in pursuance of the provisions of Part V of the Act, to enter and search any place. To effect an entrance into that place, a police officer may break open any outer or inner door or window of that place if he cannot otherwise obtain admittance.CLTPA, s. 46.
Article 2, paragraph 1, of the Patent Act of Japan defines invention as "the highly advanced creation of technical ideas by which a law of nature is utilized". This definition was introduced in 1959 following German jurist Josef Kohler's definition. Although the substance of the definition is almost accepted, there is opposition against giving a definition of "invention" in a written law (in many other patent systems, invention is not defined directly). In the generally accepted interpretation, the phrase highly advanced does not imply a requirement for an inventive step since the matter of inventive step is dealt with in Article 29, paragraph 2.
Following his football career, Shawn Stuckey attended The Citadel, where he worked on his MBA while serving as assistant coach of the college's football team. In 2005, he matriculated at the University of St. Thomas School of Law in Minneapolis, Minnesota, where he became the recipient of numerous accolades and honors, including an award from the Minnesota Association of Black Lawyers. He published two law review articles and an American Bar Association (ABA) article. One of his articles was honored by the Minnesota Women Lawyers as the recipient of their 2007 Equal Justice Award, which recognizes the best written law student article on a topic of equal justice.
Older beliefs in ancient Chinese mythology, folk religion, and ancestor worship also played a large part in people's daily lives, as the Chinese believed that deities and ghosts of the spiritual realm frequently interacted with the living realm. The Song justice system was maintained by policing sheriffs, investigators, official coroners, and exam- drafted officials who became county magistrates. Song magistrates were encouraged to apply both their practical knowledge as well as the written law in making judicial decisions that would promote societal morality. Advancements in early forensic science, a greater emphasis on gathering credible evidence, and careful recording by clerks of autopsy reports and witness testimonies aided authorities in convicting criminals.
Kaeso Duillius Longus was one of the ten members of the Second Decemvirate, presided over by Appius Claudius Crassus and elected for the purpose of creating the Law of the Twelve Tables, first body of written law in Roman history. At the instigation of Sabinus, the decemvirs held onto their titles illegally the following year, and refused to proceed with the annual election of consuls.Cicero, De Republica, II. 61 In 449 BC, a war escalated with the Sabines setting up in Eretum and the Aequi who had camped on Mount Algidus. Roman forces were divided into two armies in order to fight on two fronts.
Spurius Oppius Cornicen was one of the ten members of the Second Decemvirate, presided over by Appius Claudius Crassus, and elected in order to draft the Law of the Twelve Tables, first body of written law in Roman history. The Second Decemvirate seemed to be made up just as much by plebeians, like Spurius Oppius, as it was of patricians. At the instigation of Crassus, the decemvirs illegally held on to power the following year, and refused to allow the election of consuls.Cicero, De Republica, II. 61 In 449 BC, a war escalated with the Sabines setting up in Eretum and with the Aequi fortified on Mount Algidus.
Section 141 provides that certain documents purporting to be New Zealand or foreign official documents that have been printed or published in a manner specified in the section, are presumed to be authentic, in the absence of proof to the contrary. Section 142 makes similar provision in respect of certain official acts notified or published in the manner specified in the section. Section 143 contains similar rules to section 142 in relation to New Zealand and foreign official seals and signatures. Section 144 sets out a procedure for admitting in evidence a statute or other written law, proclamation, treaty, or act of State of a foreign country.
The Corrupt Practices Investigation Bureau (Abbreviation: CPIB; ; ; Tamil: லஞ்ச ஊழல் புலனாய்வுப் பிரிவு) is a government agency in Singapore under the Prime Minister’s Office. The CPIB has the mandate to investigate into any acts or forms of corruption in the public and private sectors in Singapore, and in the course of doing so, any other offences under any written law. The CPIB was established by in 1952 and placed under the purview of the Attorney-General at the time. Having also been under the Ministry of Home Affairs in its earlier years, the Bureau has remained under the purview of the Prime Minister’s Office since 1969.
The earliest appear to be his tithe edict and the "Ordinance on Charities". Four legal codes were adopted at Royal Councils in the early 930s at Grately in Hampshire, Exeter, Faversham in Kent, and Thunderfield in Surrey. Local legal texts survive from London and Kent, and one concerning the 'Dunsæte' on the Welsh border probably also dates to Æthelstan's reign.Pratt, "Written Law and the Communication of Authority", pp. 335–336, 345–346; Foot, Æthelstan: The First King of England, p. 137 In the view of the historian of English law Patrick Wormald, the laws must have been written by Wulfhelm, who succeeded Athelm as Archbishop of Canterbury in 926.
In written law, the term fundamental justice can be traced back at least to 1960, when the Canadian Bill of Rights was brought into force by the Diefenbaker government. Specifically, section 2(e) of the Canadian Bill of Rights stated that everyone has "the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations." According to the legal scholar Walter Tarnopolsky, the wording of the clause sparked some controversy among those drafting the Bill. Some wanted the words "natural justice" in the place of "fundamental justice," as "natural justice" was indeed a more common phrase with judges and authors.
Between 1950 and 1984, the Royal Court published its and the Court of Appeal judgments in a series of law reports known as the Jersey Judgments (eleven volumes in total). From 1984, judgments have been published a new series of law reports known as the Jersey Law Reports. In 2004, the Jersey Legal Information Board (JLIB) was set up to promote "accessibility of the written law and legal processes to the public and of an integrated and efficient legal system, through the use of information technology and by other means". Judgments of the Royal Court and Court of Appeal are published online on www.jerseylaw.
The inclusion of "through a third party" is intended to prevent the use of go-betweens to avoid committing a crime, although if the written law of the country of the foreign public official allows or requires the official to accept the advantage offered, no crime will be committed.Anwar (2010) p.127 Unlike with general bribery offences, there is no requirement to show that the public official acted improperly as a result; this is a distinction between the Act and the Anti-Bribery Convention. The offence under Section 6 only applies to the briber, and not to the official who receives or agrees to receive such a bribe.
The National Audit Office (Sinhala: ජාතික විගණන කාර්යාලය jātika vigaṇana kāryālaya) is a non-ministerial government department in Sri Lanka. Established in 1799, it is one of the oldest government departments in the country, and is responsible for auditing public organisations. These include all departments of Government, the Offices of the Cabinet of Ministers, the Judicial Service Commission, the Public Service Commission, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament and the Commissioner of Elections, local authorities, public corporations and business or other undertakings vested in the Government under any written law. The head of the department is the Auditor General of Sri Lanka, currently Chulantha Wickramaratne.
Minnie first served as an appointed adviser beginning in 1933 but was elected to a lifetime position on the board of conciliators, a group composed of elder statesmen who had earned tribal respect.Stories of the Potawatomi People, p 29 When the Indian Reorganization Act was introduced in 1934, the Prairie Potawatomi rejected it. Though they desired an end of allotment and a return of some 50,000 acres of their land, they did not want an imposed self- government styled on the model of the US constitution to be forced upon them. One of the issues objected to by the Potawatomi was the rigidity of written law.
Sotah 49b In Judah's house, only the Hebrew language was spoken, and the maids of the house became known for their use of obscure Hebrew terminology.Megillah 18a; Rosh Hashana 26b; Nazir 3a; Eruvin 53a Judah devoted himself chiefly to the study of the traditional and of the written law. In his youth he had close relations with most of the great students of Akiba; and as their student and in converse with other prominent men who gathered about his father at Usha and later at Shefar'am, he laid the foundations of that wide scholarship which enabled him to undertake his life-work, the redaction of the Mishnah.
The Aggadah is part of Judaism's Oral law ()—the traditions providing the authoritative interpretation of the Written Law. In this context, the widely held view in rabbinic literature is that the Aggadah is in fact a medium for the transmission of fundamental teachings (Homiletic Sayings—) or for explanations of verses in the Tanakh (Exegetic Sayings—). In Rabbinic thought, therefore, much of the Aggadah is understood as containing a hidden, allegorical dimension, in addition to its overt, literal sense. In general, where a literal interpretation contradicts rationality, the Rabbis seek an allegorical explanation: "We are told to use our common sense to decide whether an aggada is to be taken literally or not" (Carmell, 2005).
The Tripartitum did not include the so-called written law (parliamentary laws, royal decrees and statutes of the assemblies of the counties and the statutes of the free royal cities), which were always recorded in the law books after the decisions. Werbőczy was a petty nobleman and the Tripatitum "enshrines the ideals of a typical contemporary member of his class". It asserts the privileges of the nobility against the crown, the equality of all nobles as against the claims of superiority of the upper nobility (magnates) and the onerous duties of serfs. A peasant revolt led by György Dózsa had been suppressed earlier in 1514, which influenced Werbőczy harsh treatment of serfs.
It made the Kingdom of Sicily a centralised state and established the primacy of written law. With relatively small modifications, the Liber Augustalis remained the basis of Sicilian law until 1819. His royal court in Palermo, from around 1220 to his death, saw the first use of a literary form of an Italo-Romance language, Sicilian, that had a significant influence on what was to become the modern Italian language. During this period, he also built the Castel del Monte, and in 1224, he founded the University of Naples, now called, after him, Università Federico II. In 1266, conflict between the Hohenstaufen house and the Papacy led to Sicily's conquest by Charles I, Duke of Anjou.
Khan Krum implemented legal reforms and issued the first known written law code of Bulgaria that established equal rules for all peoples living within the country's boundaries, intending to reduce poverty and to strengthen the social ties in his vastly enlarged state. Bulgar soldiers slaughter Christians, from the Menologion of Basil II, 10th century. Krum's successor Khan Omurtag (r.814–831) concluded a 30-year peace treaty with the Byzantines, thus allowing both countries to restore their economies and finance after the bloody conflicts in the first decade of the century, establishing the border along the Erkesia trench between Debeltos on the Black Sea and the valley of the Maritsa River at Kalugerovo.
After holding that the Prime Minister does not have unfettered discretion to indefinitely postpone the holding of an election to fill a casual vacancy, the Court of Appeal went on to consider the time frame within which the Prime Minister must act. The Court referred to section 52 of the Interpretation Act ("IA") ("IA"). which provides: "Where no time is prescribed or allowed within which anything shall be done that thing shall be done with all convenient speed and as often as the prescribed occasion arises." Section 52 is relevant to the interpretation of Article 49(1) by virtue of section 2 of the IA which provides that the IA is applicable to "written law", including the Constitution.
The Before Crisis flashbacks explain that the disaster at Aventheim was caused by Capehorn, who summoned the demon Zolgonark in order to gain the power to get revenge on both the Knight Kingdom who oppressed his people and the Tiamat. Though Capehorn is also of Tiamat descent, he was exiled after his discovery of the Written Law and proposal that it should be used to defeat the Knight Kingdom. He was taken in as one of Wilmgard's retainers, but betrayed the king and knights, leaving all those with no allegiance to him to have their souls taken by the demons. Capehorn's ultimate goal is to destroy the barriers between the worlds and remake the universe as he pleases.
It is evident that rules of priestly procedure must have accompanied the institution of the priesthood, and in the earliest of times, before writing was invented, these rules probably were transmitted orally. When writing was first employed in connection with them, it is likely that only some general directions, or some details deemed most important, were committed to writing. As time passed on the importance given to written law would lead the priesthood to commit more and more of the details to writing. Critical scholars assert that in addition to this, over time, variations of detail would develop, authority for which must be committed to writing, so that actual practise would become justified by law.
The earliest written law from what is now Sweden seems to be the Forsaringen, an iron ring from the door for the church of Forsa in Hälsingland, which carries a runic inscription, long thought to be from the high Middle Ages but more recently dated to the ninth or tenth century. The inscription's precise meaning is uncertain, but seems to list fines, with the fine doubling for each new offence.Inger Larsson, 'The Role of the Swedish Lawman in the Spread of Lay Literacy', in Along the Oral-Written Continuum: Types of Texts, Relations and the Implications, ed. by Slavica Ranković, Leidulf Melve, and Else Mundal, Utrecht Studies in Medieval Literacy, 20 (Turnhout: Brepols, 2010), pp.
Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making, and judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.
Taking Rights Seriously is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin. In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority. Most of the book's chapters are revised versions of previously published papers. In addition to his critique of legal positivism and utilitarian ethics, Dworkin includes important discussions of constitutional interpretation, judicial discretion, civil disobedience, reverse discrimination, John Rawls' theory of justice, and the Hart–Devlin debate on legislating morality.
The kings of England and France agreed on the division of future conquests as if there was no need to take into account the local nobility. Prawer considered that the weakness of the crown of Jerusalem was demonstrated by the rapid offering of the throne to Conrad of Montferrat in 1190 and then Henry II, Count of Champagne in 1192 although this was given legal effect by Baldwin IV's will stipulating if Baldwin V died a minor the succession would be decided by the pope, the kings of England and France, and the Holy Roman Emperor. Prior to the 1187 defeat at Hattin laws developed by the court were recorded as in Letters of the Holy Sepulchre. All written law was lost in the fall of Jerusalem.
Eventually the contentious issue of the position of Prime Minister was removed. The remaining contentious issues primarily concern abortion, Kadhi courts and land reform. Mainstream Christian leaders in Kenya object to the constitution # The Proposed Constitution of Kenya in Sec 26(4) reiterates and reaffirms the current Kenyan penal code by stating: Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. However, the church insists that the weak drafting of the clause, especially the last two parts, could allow for the same clause to be used to enact laws or justify procurement of on-demand abortion.
Subsidiary legislation, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. As Singapore is a common law jurisdiction, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law, equity and trust law, property law and tort law, are largely judge-made, though certain aspects have now been modified to some extent by statutes.
For Karaites, followers of a branch of Judaism that accepts the Written Law, but not the Oral Law, Shemini Atzeret is observed as a single day of rest, not associated with the practices of Simchat Torah, which are a rabbinic innovation. Nevertheless, the Karaite cycle of weekly Torah reading, like the Rabbinic cycle, reaches its conclusion on Shemini Atzeret. Congregation Oraḥ Ṣaddiqim (Karaite) (Site unavailable Friday and Saturday in respect of different start/end times for Shabbat possible around the planet) Accordingly, in at least some Karaite circles, this day is referred to by the name of Simchat Torah. Additionally, calculation of the Karaite calendar is not based on astronomical calculations, but only on direct observation of the New Moon and the ripening of barley.
Constitution, Article 94(1): "The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law." The Chief Justice's chambers in the Old Supreme Court Building The Supreme Court Bench consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioners of the High Court. All members of the Bench are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the Prime Minister. Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed, the Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President.
Upon conclusion of the evidentiary stage, the court is brought to trial (audiência). The initial purpose of the trial is to make one final attempt to resolve the case between the parties. Should the two parties fail to reach an agreement, the trial proceeds until the judge enters a decision based upon the merits. While the judge is permitted to evaluate evidence freely, he is required to decide in accordance with the common rules of experience, written law of the land and knowledge of former decisions (a tendency that is approaching Brazilian civil procedure law to English Common Law) and must express his conclusion in a formal sentence, where the decision is expressed and then published in government kept diaries (diários oficiais), similar to newspapers.
Exception - Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape. Explanation 1 - A woman - (a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; or (b) who has obtained an injunction restraining her husband from having sexual intercourse with her, shall be deemed not to be his wife for the purposes of this section. Explanation 2—A Muslim woman living separately from her husband during the period of ‘iddah, which shall be calculated in accordance with Hukum Syara’, shall be deemed not to be his wife for the purposes of this section.
Greek and Latin Bibles then began the custom of calling the Pentateuch (five books of Moses) The Law. Other translational contexts in the English language include custom, theory, guidance,Philip Birnbaum, Encyclopedia of Jewish Concepts, Hebrew Publishing Company, 1964, p. 630 or system.p. 2767, Alcalay The term "Torah" is used in the general sense to include both Rabbinic Judaism's written law and Oral Law, serving to encompass the entire spectrum of authoritative Jewish religious teachings throughout history, including the Mishnah, the Talmud, the Midrash and more, and the inaccurate rendering of "Torah" as "Law"pp. 164–165, Scherman, Exodus 12:49 may be an obstacle to understanding the ideal that is summed up in the term talmud torah (תלמוד תורה, "study of Torah").
In Australia, cabinet collective responsibility is fundamental to cabinet confidentiality, but also to protect private information from becoming public and possibly threatening national security. Cabinet solidarity is not a legal requirement, but a political convention and practiced norm. There is no written law that upholds cabinet collective responsibility, but it is deeply ingrained in Australia's cabinets as a political norm and is therefore an important aspect of the collective strength and influence of the prime minister's administration. Occasionally on highly controversial issues such as the 1999 republic referendum, there may be a conscience vote where any MP may vote as they wish, but these issues are rare and never tied to official party policy, and normally party discipline is very tight.
In granting leave, the judge hearing the application for leave may impose such terms as to costs and as to security as he or she thinks fit.ROC, O. 53, r. 1(4). In addition, there is a time requirement which stipulates that leave shall not be granted to apply for a quashing order to remove any judgment, order, conviction or other proceeding for the purpose of its being quashed, unless the application for leave is made within three months after the date of the proceeding or such other period (if any) as may be prescribed by any written law. However, the High Court may allow an application for leave to be filed out of time if the delay "is accounted for to the satisfaction of the Judge",ROC, O. 53, r. 1(6).
Notwithstanding the provisions of any other written law, it is an offence under the Act to commit any act of vandalism, attempt to do any such act, or cause any such act to be done. Upon conviction, the penalty is a fine not exceeding S$2,000 or imprisonment not exceeding three years, and also corporal punishment of not less than three strokes and not more than eight strokes of the cane. However, caning will not be imposed on a first conviction if the act carried out falls within section 2(a)(i) and "the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing", or within sections 2(a)(ii) or (iii).VA, s. 3.
Euphiletos argues that he was legally entitled to murder Eratosthenes for committing adultery with his wife, citing several laws whose text is no longer preserved, including one inscribed on a column on the Areopagus. He denies that Eratosthenes was dragged into the house or sought sanctuary at the household hearth - situations under which the murder would not have been legal. Witnesses are summoned to affirm that Eratosthenes confessed and offered monetary compensation, which Euphiletos argues he was under no obligation to accept, "as I held that our city's law should have higher authority."Lysias 1.27-33 Lysias has Euphiletos defend the law on policy grounds: written law should be enforced so that people can trust it as a guide to how to behave appropriately and more specifically in order to discourage people from adultery.
Quintus Poetelius Libo Visolus was one of the ten members of the Second Decemvirate, presided over by Appius Claudius Crassus and elected in order to draft the Law of the Twelve Tables, first body of written law in the Roman Republic. The Second Decemvirate was made up of just as many plebeians, like Quintus Poetelius, as it was by patricians. At the instigation of Appius Claudius, the decemvirs held on to power the following year and refused to allow the annual election of consuls in 449 BC.Cicero, De Republica, II. 61 In 449 BC, a war escalated with the Sabines who established themselves in Eretum and the Aequi who had camped on Mount Algidus. Roman forces were divided into two armies in order to fight on two fronts.
Roman conservatism finds succinct expression in an edict of the censors from 92 BC, as preserved by the 2nd-century historian Suetonius: "All new that is done contrary to the usage and customs of our ancestors, seems not to be right."Suetonius, De Claris Rhetoribus, i. However, because the mos maiorum was a matter of custom, not written law, the complex norms that it embodied evolved over time. The ability to preserve a strongly-centralised sense of identity while it adapted to changing circumstances permitted the expansionism that took Rome from city-state to world power.See, for instance, Hölkeskamp's reference to the Republic's "capacity for self-regulation", Reconstructing the Roman Republic, p. 18. Erich S. Gruen, The Last Generation of the Roman Republic (University of California Press, 1974), p. 535.
The Auditor General of Sri Lanka (Sinhala: ශ්‍රී ලංකා විගණකාධිපති Śrī Laṃkā viganakādhipathi; Tamil: இலங்கை கணக்காய்வாளர் தலைமை) is appointed by the President to aid accountability by conducting independent audits of government operations. These audits provide members of Parliament with objective information to help them examine the government's activities and hold it to account. According to the constitution, the Auditor General is empowered to audit the accounts of all departments of Government, the Offices of the Cabinet of Ministers, the Judicial Service Commission, the Public Service Commission, the Parliamentary Commissioner for Administration, the Secretary- General of Parliament and the Commissioner of Elections, local authorities, public corporations and business or other undertakings vested in the Government under any written law. The Auditor General of Sri Lanka is the head of the Auditor General's Department.
Accordingly, the Ebionites believed all Jews and Gentiles must observe the remaining commandments in the Written Law alone (without the Oral Law) — in order to become righteous and seek communion with GodHippolytus — but they must be interpreted through Jesus' expounding of the Law. The Ebionites may have held a form of Jewish inaugurated eschatology, which posited that the ministry of Jesus has ushered in the Messianic Age so that the kingdom of God on Earth may be seen as slowly becoming manifest through the miracles of Jesus, as well as the faith and good works of his followers, while at the same time awaiting consummation in the future after the coming of the ultimate Messiah — the cosmic judge of the Earth from heaven known as the "Son of man" foretold in Daniel 7:13-14 — to whom Jesus was only a forerunner.
In 1835, the British began creating a criminal code that would replace the existing criminal code which was a complex conflicting mixture of laws derived from Muslim texts (Quran) and Hindu texts (Shastras), and this common criminal code was ready by 1855. These changes were welcomed by Hindu law reform movement, but considered abrogating religion-defined rules within the Muslim law. The changes triggered discontent, call for jihad and religious war, and became partly responsible for the 1857 Indian revolt against the British rule. In 1864, after the East India Company was dissolved and India became a formal part of the British Empire, Anglo-Hindu law entered into a second phase (1864–1947), one in which British colonial courts in India relied less on the Muslim Qadis and Hindu Pandits for determining the respective religious laws, and relied more on a written law.
The Court of Appeal is the upper division of the Supreme Court, the lower one being the High Court., Article 94(1): "The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law." The Court of Appeal is made up of the Chief Justice, who is the President of the Court,In the Chief Justice's absence the presidency of the Court of Appeal is determined according to the following order of precedence: (1) the vice-presidents of the Court of Appeal, (2) the Judges of Appeal who are not vice-presidents of the Court; and (3) High Court judges. Within each category, judges rank among themselves according to the priority of their appointments: SCJA, s.
However, the chaotic nature of human expansion into space has resulted in two Great Checks: a powerful alien intelligence known as Lord Thezmothete, who prevents humans and other species from exploiting pre-spaceflight civilizations; and the emergence of the Law Machines, intelligent robots that enforce the law in all places. The Law Machines always enforce the letter of the written law, to the extent that several planets were forced to change governments when corrupt or neglectful officials were arrested en masse. Since someone arrested by the Law is never seen again, human colonies are wary about accepting the presence of a Law Machine in their society. The Law's presence and methods have led to a noticeable decline in "real governments," because they tend not to be able to function in the harsh scrutiny of The Law.
The painters of the scenic landscapes and the impressionist-style oval landscapes in the ceiling are not documented. The subjects of Brumidi's lunettes over the doorways reflect the functions of the committees that met in the rooms between 1873 and 1878 when they were painted. At the end of the west corridor, over the door to S-131, is Authority Consults the Written Law (39k), whose subject related to the Senate Committee on the Revision of Laws assigned to the room. Columbus and the Indian Maiden (41k) and Bartolomé de Las Casas (40k), who was called the "Apostle of the Indians," were painted over the doors of the Senate Committee on Indian Affairs (S-132 and S-133). Above the present Senate Appropriations Committee room (S-128), originally occupied by the Military Affairs Committee, is Bellona, the Roman war-goddess (58k).
The tension between these two systems is that Confucianism relies on tradition to make the leader the head of household of all China, while Legalism makes standard law that even the emperor should be bound by. The common factor is that both endorse to different degrees a paternalistic conception of the state, which knows better than its citizens and makes laws to protect them. This concept persisted throughout the imperial period, into the republican period, and can still be seen acting today. Unlike many other major civilizations where written law was held in honor and often attributed to divine origin, law in early China was viewed in purely secular terms, and its initial appearance was greeted with hostility by Confucian thinkers as indicative of a serious moral decline, a violation of human morality, and even a disturbance of the total cosmic order.
Article 14(2) of the Constitution states that "Parliament may by law impose" restrictions on the rights referred to in Article 14(1). This is arguably in line with Singapore's adoption of the Westminster system of government that rests upon parliamentary supremacy, the rule of law and common law principles.. The terms law and written law are defined in Article 2(1) of the Constitution as follows: One reading of Article 14(2) is that in order to restrict the rights to freedom of speech, assembly and association, Parliament must impose the restrictions by passing written laws, that is, Acts of Parliament, since it exercises the legislative power of Singapore by passing bills that are assented to by the President.Constitution, Art. 58(1). However, in Jeyaretnam Joshua Benjamin v. Lee Kuan Yew (1990),Jeyaretnam Joshua Benjamin v. Lee Kuan Yew [1990] 1 S.L.R.(R.) 337, C.A. (Singapore).
The Vilna Gaon was a copious annotator; there is hardly an ancient Hebrew book of any importance to which he did not provide marginal glosses and notes, or write a brief commentary, which were mostly dictated to his pupils. (Many maintain that it was his disciples who recorded his comments, if not his editorial notes.) However, nothing of his was published in his lifetime. The "Gra" was very precise in the wording of his commentaries, because he maintained that he was obligated by Torah Law that only the "Torah shebichtav" (the written law) is permitted to be written down - the rest of "Torah sheb'al peh" (oral law) cannot be, unless circumstances require. (This further supports the view that it was his disciples who wrote his comments.) So the Vilna Gaon abided by this view of law by reducing his extensive explanations that are largely inscrutable to any but advanced talmudists.
Such office holders are not regarded as members of the Cabinet. Where in any written law a Minister is empowered to exercise any power or perform any duty, he may, in the absence of any provision of law to the contrary, with the approval of the President and by notification in the Government Gazette, depute any person by name or the person for the time being discharging the duties of an office designated by him to exercise that power or perform that duty on behalf of the Minister subject to such conditions, exceptions and qualifications as the President may determine., s. 36(1). For instance, under the Delegation of Powers (Ministry of Law) (Consolidation) Notification,Cap. 1, N 10, 2002 Rev Ed., as amended by the Delegation of Powers (Ministry of Law) Notification 2005 (S 438/2005) which took effect on 5 July 2005.
Under section 35 of the Interpretation Act, if written law confers power on a minister to give a direction, issue an order or authorize something to be done, exercise of the power may be done (unless the law states otherwise) under the signature of the permanent secretary to the ministry which the minister is responsible for, or of any public officer authorized in writing by the minister. ("IA"). Section 36 of the Act permits a minister empowered to exercise a power or perform a duty to, in the absence of any statutory provision to the contrary, depute another person to exercise the power or perform the duty on his or her behalf. The delegation must be approved by the President (acting on Cabinet's advice);, Art. 21(1). may be made subject to conditions, exceptions and qualifications; and must be published in the Government Gazette.
In a judgment delivered by Lord Diplock, the Privy Council rejected this interpretation, finding the Public Prosecutor's argument fallacious. Reading the definition of written law as stated in Article 2(1) together with Article 4, which provides that "any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void", their Lordships held that "the use of the expression 'law' in Art 9(1) ... does not, in the event of challenge, relieve the court of its duty to determine whether the provisions of an Act of Parliament passed after 16 September 1963 and relied upon to justify depriving a person of his life or liberty are inconsistent with the Constitution and consequently void".Ong Ah Chuan, [1981] 1 A.C. at p. 670, [1979-1980] S.L.R.(R.) at p. 722, para. 25.
However, in practice, parties may be penalised by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. For example, a Magistrate's Court may hear civil cases where the amount claimed does not exceed S$60,000. ("SCA"), s. 52(1) read with s. 2 (definition of Magistrate's Court limit). If a plaintiff commences an action in the High Court to recover a sum of money based on contract, tort or any written law, and the suit could have been filed in a Magistrate's Court, if the plaintiff eventually succeeds in recovering a sum that does not exceed $60,000, she is not entitled to receive any more costs – legal expenses payable to her by the defendant – than a Magistrate's Court would have ordered.SCA, s. 39(1)(b). The same rule applies to matters that could have been commenced in a District Court: s. 39(1)(a).
Also, even if one considers that certain actions are prohibited under general principles of international law, critics point out that a prohibition in a general principle does not amount to the establishment of a crime, and that the rules of international law also do not stipulate specific penalties for the violations. In an attempt to address those criticisms, the statute of the recently established International Criminal Court provides for a system in which crimes and penalties are expressly set out in written law, that shall only be applied to future cases. See Article 22 of the Rome Statute, however this is under the proviso, in Article 22(3) that this only applies to the ICC, and "doesn't affect the characterization of any conduct as criminal under international law independently of [the Rome Statute]". The principle of nullia poena sine lege, insofar as it applies to general criminal law, is enshrined in several national constitutions, and international instruments, see European Convention on Human Rights, article 7(1).
The concept of personal jurisdiction in English law has its origin in the idea that a monarch could not exercise power over persons or property located outside of his or her kingdom.Fundamental law in English constitutional history By John Wiedhofft Gough Pg. 52 To some degree, this was a de facto rule; the monarch's men could not arrest people or seize property outside the kingdom without risking physical conflict with the soldiers and police of other kingdoms. Slowly this principle was incorporated into written law, but problems arose in cases where property owners could not be sued because they had left the kingdom or had died and therefore were not present within the kingdom at the time they were being sued. To solve this problem, the courts created another type of jurisdiction, called quasi in rem, that is, jurisdiction over the land itself, even if the person who owned the land was not in the country.
Its stone arch is partially Saxon, embedded with later work. On three corners of the tower are stone beasts. Many books on Kent describe the animals on the tower as bears, and say these represent the name of the village. Hasted's History and Topographical Survey of the County of Kent: Volume 5 (1798) reveals that the Anglo-Saxon name for the settlement was “Bergestede”, meaning “place on the hill/barrow”; other accounts refer to its earlier names as “Berghamstyde” and “Berghstede”. If the “Bergh” element does refer to a barrow (burial mound), this may be indicative of a church being sited on a previously revered site, in accordance with the advice of Pope Gregory to St. Augustine in 601 AD, which raises the possibility of this being a particularly early church site. It is possible that Bearsted is the “Berghamstyde” at which King Wihtred of Kent held a Council in 696AD and where he issued laws which are amongst the earliest of the Saxon written law codes.
For centuries, Ashkenazi rabbinic authorities espoused Nahmanides' position that the Talmudic exegesis, which derived laws from the Torah's text by employing complex hermeneutics, was binding d'Oraita. Geiger and others presented exegesis as an arbitrary, illogical process, and consequently defenders of tradition embraced Maimonides' marginalized claim that the Sages merely buttressed already received laws with biblical citations, rather than actually deriving them through exegesis. As Jay Harris commented: An insulated orthodox, or, rather, traditional rabbinate, feeling no pressing need to defend the validity of the Oral Law, could confidently appropriate the vision of most medieval rabbinic scholars; a defensive German Orthodoxy, by contrast, could not... Thus began a shift in understanding that led Orthodox rabbis and historians in the modern period to insist that the entire Oral Law was revealed by God to Moses at Sinai. 19th-Century Orthodox commentaries, like those authored by Malbim, invested great effort to amplify the notion that the Oral and Written Law were intertwined and inseparable.
The UK Habeas Corpus Act 1816 applied to Singapore by virtue of the Second Charter of Justice 1826, which is generally accepted to have made all English statutes and principles of English common law and equity in force as at 27 November 1826 applicable in the Straits Settlements (including Singapore), unless they were unsuitable to local conditions and could not be modified to avoid causing injustice or oppression.. In 1994, after Chng Suan Sze was decided, the Application of English Law Act ("AELA"). was enacted with the effect that only English statutes specified in the First Schedule of the Act continued to apply in Singapore after 12 November 1993.AELA, s. 4(1)(a) ("Subject to the provisions of this section and of any other written law, the following English enactments shall, with the necessary modifications, apply or continue to apply in Singapore: ... the English enactments specified in the second and third columns of the First Schedule to the extent specified in the fourth column thereof ..."), and s.
South Korea is undergoing a transition of its legal system to common law due to its obligations to open its legal market to overseas law firms, influence of strong feminism in the state system to enable and codify much stronger penalties for sex and gender related offences as it would be possible under a civil law system (related new laws were copied & pasted from US/UK law and strengthened), and overall preference to US/UK systems instead of the previous civil law system that was initially influenced by Japan, as Koreans have a very strong anti-Japanese sentiment due to past brutal colonial rule. South Korea has introduced a US-style jury system different than the lay judge system of Germany and Japan (on which the previous legal system of Korea was based), emphasis of precedents rather than written law, imposition of harsh and maximum penalties (maximum jail terms twice as long than in Japan and Germany, true life sentences), transition to punitive justice system and planned transfer of investigation powers to police, establishment of US-style appeals court, additive penalties among others.
Faculty of Law and Political Science, built 1953, designed by Fernand Pouillon Paul Cézanne, for whom the University of Aix-Marseille III was named, attended the law school from 1858 to 1861 The law school at AMU dates back to the university's foundation in 1409.LA FACULTE DE DROIT D’AIX-EN-PROVENCE: UNE HISTOIRE, UN PATRIMOINE The school had far-reaching influence, since written law, which in France originated in Aix-en-Provence, spread from there, eventually replacing the common law practiced throughout the rest of Northern Gaul.Ferne Arfin, "Adventure Guide to Provence & the Côte d'Azur", Hunter Publishing Inc, 2009, p. 149 The law school has a long tradition of self-management, with a strongly institutionalized culture and practices enrooted in the social and economic realities of the region.Francesco Longo, Daniela Cristofoli, "Strategic Change Management in the Public Sector", John Wiley & Sons, 2007, p. 83 Today, it is one of the largest law schools in France, and is considered to be one of the nation's leading centres for legal research and teaching.
In the 20th century, public concern with the problem of domestic violence declined at first, and then re-emerged along with the resurgent feminist movement in the 1970s. The first recorded link between wife-beating and the phrase rule of thumb appeared in 1976, in a report on domestic violence by women's-rights advocate Del Martin: While Martin appears to have meant the phrase rule of thumb only as a figure of speech, some feminist writers treated it as a literal reference to an earlier law. The following year, a book on battered women stated: Despite this erroneous reading of the common law (which is a set of judicial principles rather than a written law with individual sections) the spurious legal doctrine of the "rule of thumb" was soon mentioned in a number of law journals. The myth was repeated in a 1982 report by the United States Commission on Civil Rights on domestic abuse titled "Under the Rule of Thumb", as well as a later United States Senate report on the Violence Against Women Act.
The Three Supremes () is a doctrine first articulated by CPC General secretary, Chinese president Hu Jintao in December 2007, which requires the judiciary to subordinate the written law to the interests of the Communist Party of China (CPC) and the maintenance of "social stability."Human Rights Watch, China: Events of 2009 As Hu Jintao put it during the National Conference on Political-Legal Work, "In their work, the grand judges and grand procurators shall always regard as supreme the party's cause, the people's interest and the constitution and laws."Jerome A. Cohen, Body Blow For The Judiciary, South China Morning Post, October 18, 2008 (full article) The “Three Supremes” are as follows: 1\. “Supremacy of the business of the CCP” (党的事业至上) 2\. “Supremacy of the interests of the people” (人民利益至上) 3\. “Supremacy of the Constitution and the laws” (宪法法律至上)'Media Dictionary:Three Supremes 三个至上', University of Hong Kong Chinese Media Project.
On 14 June 1966, the Congregation for the Doctrine of the Faith responded to inquiries it had received regarding the continued moral obligation concerning books that had been listed in the Index. The response spoke of the books as examples of books dangerous to faith and morals, all of which, not just those once included in the Index, should be avoided regardless of the absence of any written law against them. The Index, it said, retains its moral force "inasmuch as" (quatenus) it teaches the conscience of Christians to beware, as required by the natural law itself, of writings that can endanger faith and morals, but it (the Index of Forbidden Books) no longer has the force of ecclesiastical law with the associated censures."Haec S. Congregatio pro Doctrina Fidei, facto verbo cum Beatissimo Patre, nuntiat Indicem suum vigorem moralem servare, quatenus Christifidelium conscientiam docet, ut ab illis scriptis, ipso iure naturali exigente, caveant, quae fidem ac bonos mores in discrimen adducere possint; eundem tamen non-amplius vim legis ecclesiasticae habere cum adiectis censuris" (Acta Apostolicae Sedis 58 (1966), p. 445).
After publishing a tame version of this story—with a sunny outcome—in The Youth's Companion in 1902, London offered a second, more severe take on the man's predicament in The Century Magazine in 1908. Reading both provides an illustration of London's growth and maturation as a writer. As Labor (1994) observes: "To compare the two versions is itself an instructive lesson in what distinguished a great work of literary art from a good children's story." Other stories from the Klondike period include: "All Gold Canyon", about a battle between a gold prospector and a claim jumper; "The Law of Life", about an aging American Indian man abandoned by his tribe and left to die; "Love of Life", about a trek by a prospector across the Canadian tundra; "To the Man on Trail," which tells the story of a prospector fleeing the Mounted Police in a sled race, and raises the question of the contrast between written law and morality; and "An Odyssey of the North," which raises questions of conditional morality, and paints a sympathetic portrait of a man of mixed White and Aleut ancestry.
These changes were welcomed by Hindu law reform movement, but considered abrogating religion-defined rules within the Muslim law. The changes triggered discontent, call for jihad and religious war, and became partly responsible for the 1857 Indian revolt against the British rule.Rosie Llewellyn-Jones (2007), The Great Uprising in India: 1857-58, Boydell & Brewer, , pages 111-112David Cook (2005), Understanding Jihad, University of California Press, ISBN, pages 80-83 In 1864, after the East India Company was dissolved and India became a formal part of the British Empire, Anglo-Hindu law entered into a second phase (1864–1947), one in which British colonial courts in India relied less on the Muslim Qadis and Hindu Pandits for determining the respective religious laws, and relied more on a written law. A universal criminal code in India, that did not discriminate between people based on their religion, was adopted for the first time in 1864.JDM Derrett (1968), Religion, Law and State in India, Faber and Faber, London, It was expanded to include a universal procedural and commercial code by 1882, which overruled pre-existing Anglo-Hindu and Anglo-Muslim laws.
The A-G's overall powers, roles, and responsibilities are provided for in Article 145 of the Federal Constitution: #The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation. #It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the cabinet or any minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law. #The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial. ##Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.

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