Law is a set of rules that are created and enforced by governmental or societal institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history, and society in various ways and also serves as a mediator of relations between people.
Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.
The Bricker Amendment is the collective name of a number of slightly different proposed amendments to the United States Constitution considered by the United States Senate in the 1950s. None of these amendments ever passed Congress. Each of them would require explicit congressional approval, especially for executive agreements that did not require the Senate's two-thirds approval for treaty. They are named for their sponsor, conservative Republican Senator John W. Bricker of Ohio, who distrusted the exclusive powers of the president to involve the United States beyond the wishes of Congress.
American entry into World War II led to a new sense of internationalism opposed by many conservatives. Frank E. Holman, president of the American Bar Association (ABA), called attention to federal court decisions, notably Missouri v. Holland, which he claimed could give international treaties and agreements precedence over the United States Constitution and could be used by foreigners to threaten American liberties. Bricker was influenced by the ABA's work and first introduced a proposed constitutional amendment in 1951. With substantial popular support and the election of a Republican president and Congress in the elections of 1952, together with support from many Southern Democrats, Bricker's plan seemed destined to pass Congress by the necessary two-thirds vote and be sent to the individual states for ratification by three-fourths of the state legislatures.
The best-known version of the Bricker Amendment, considered by the Senate in 1953–54, declared that no treaty could be made by the United States that conflicted with the Constitution; treaties could not be self-executing without the passage of separate enabling legislation through Congress; and treaties could not give Congress legislative powers beyond those specified in the Constitution. It also limited the president's power to enter into executive agreements with foreign powers. (Full article...)
I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationistLupu Kostaki as Prefect and head of the National Theatre, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926.
In his political tracts, written well after the Conservative Party's demise, I. C. Filitti preserves the orthodox conservative principles of Maiorescu. His attachment to boyar tradition was expanded into a critique of centralized government, etatism and Romanian liberalism. Toward the end of his life, he supported the dictatorial regime known as National Renaissance Front. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)
The Variation of Trusts Act 1958 (6 & 7 Eliz. 2. c. 53) is an act of the Parliament of the United Kingdom that governs the courts' ability to vary the terms of trust documents. Prior to the 1950s, the courts were willing to approve "compromise" agreements as to what terms meant, not only when they were disputed but also for the benefit of certain parties, such as minors. In 1954, the House of Lords decided in Chapman v Chapman that this would no longer be permitted, creating a gap between the rights of trusts under the Settled Land Act 1925 (which could be altered if there was a flaw) and those trusts that were not (which were affected by the Chapman decision). As a result, following a report by the Law Reform Committee, Petre Crowder introduced the Variation of Trusts Bill to Parliament, where it was given royal assent on 23 July 1958, and came into force as the Variation of Trusts Act 1958.
The act gave the courts near-unlimited discretion to approve "compromise" agreements, for the benefit of infants or other incapable individuals, for individuals who may become beneficiaries, or for unborn beneficiaries. The courts are also able to approve agreements for individuals who may be beneficiaries under protective trusts, with no requirement that the alterations be for their benefit. The courts have interpreted the act's scope fairly widely, stating that almost any "variation" is acceptable, and that "benefit" may mean not just a financial benefit, but also a social or moral one. Despite initial fears that it would allow tax planners another way to hide funds and create a back-and-forth fight between the Chancery Division and Parliament, the act was met with general approval. The ability of the courts to alter trustees' investment powers under the act was criticised as slow and expensive, and as a result this is now covered by the Trustee Investments Act 1961. (Full article...)
Case law is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. The term is often used interchangeably with common law. (Full article...)
John Hart and nine others were teachers at Malvern College who benefited from a "concessionary fee" scheme that allowed their children to be educated at the college for one-fifth of the normal fees. The Inland Revenue attempted to tax this benefit based on the Finance Act 1976. There was a dispute over the correct interpretation of the Act. The Special Commissioners charged with assessing the tax found in favour of Hart, but both the High Court of Justice and Court of Appeal of England and Wales found in favour of the Inland Revenue. The case then went to the House of Lords, which, making use of statements in Parliament as recorded in Hansard, found in favour of Hart. Lord Mackay, dissenting, argued that Hansard should not be considered admissible evidence because of the time and expense involved in a lawyer having to look up every debate and discussion on a particular statute when giving legal advice or preparing a case. (Full article...)
Image 5The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments, and 117,369 words. (from Legal history)
This is a list of recognized content, updated weekly by JL-Bot (talk·contribs) (typically on Saturdays). There is no need to edit the list yourself. If an article is missing from the list, make sure it is tagged(e.g. {{WikiProject Law}})or categorizedcorrectly and wait for the next update. See WP:RECOG for configuration options.
.jpg)
.png)
_by_English_School.png)
.jpg)
.JPG)
.svg)
.jpg)
.png)
