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État Légal
The ''État légal'' (English: "legal state"), also called "legicentric state", is a doctrine of continental European legal thinking, originated in French constitutional studies, which argues for the primacy of the law over constitutional rights. Contrary to the police state – where the law is arbitrary, unequally applied, and its making outside of non-state control – and to the ''Rechtsstaat'' ("state of rights") – in which constitutional rights are viewed as preceding and superseding the authority of the law – the ''état légal'' is a form of rule of law where the law is applied equally – i.e. to the people and to the state – ''as it is decided'', that is without or with reduced constitutional limits to the will of the law maker. In democratic regimes enforcing universal suffrage, the ''état légal'' gives absolute primacy to the decision of the majority of the voters – generally via their elected representatives – which can lead to decisions possibly detriment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymological Greek analogue is " catechism". Often the word ''doctrine'' specifically suggests a body of religious principles as promulgated by a church. ''Doctrine'' may also refer to a principle of law, in the common-law traditions, established through a history of past decisions. Religious usage Examples of religious doctrines include: * Christian theology: ** Doctrines such as the Trinity, the virgin birth and atonement ** The Salvation Army ''Handbook of Doctrine'' **Transubstantiation and Marian teachings in Roman Catholic theology. The department of the Roman Curia which deals with questions of doctrine is called the Congregation for the Doctrine of the Faith. ** The distinctive Calvinist doctrine of "double" predesti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continental Europe
Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by some, simply as the Continent. When Eurasia is regarded as a single continent, Europe is treated as a subcontinent, and called as European subcontinent. The old notion of Europe as a cultural term was centred on core Europe (''Kerneuropa''), the continental territory of the historical Carolingian Empire, corresponding to modern France, Italy, German-speaking Europe and the Benelux states (historical Austrasia). This historical core of "Carolingian Europe" was consciously invoked in the 1950s as the historical ethno-cultural basis for the prospective European integration (see also Multi-speed Europe). Usage The most common definition of Mainland Europe excludes these continental islands: the Greek Islands, Cyprus, Malta, Sicily, Sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Right
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights. Other coded set of laws have existed before the first Constitutions were developed having some similar purpose and functions, like the United Kingdom's 1215 Magna Carta or the Virginia Bill of Rights of 1776. Specific rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police State
A police state describes a state where its government institutions exercise an extreme level of control over civil society and liberties. There is typically little or no distinction between the law and the exercise of political power by the executive, and the deployment of internal security and police forces play a heightened role in governance. A police state is a characteristic of authoritarian, totalitarian or illiberal regimes (contrary to a liberal democratic regime). Such governments are typically one-party states, but police-state-level control may emerge in multi-party systems as well. Originally, a police state was a state regulated by a civil administration, but since the beginning of the 20th century it has "taken on an emotional and derogatory meaning" by describing an undesirable state of living characterized by the overbearing presence of civil authorities. The inhabitants of a police state may experience restrictions on their mobility, or on their freedom to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rechtsstaat
''Rechtsstaat'' (lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". A ''Rechtsstaat'' is a constitutional state in which the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" while is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of ''Obrigkeitsstaat'' or ''Nichtrechtsstaat'' (a state based on the arbitrary use of power), and of ''Unrechtsstaat'' (a non-''Rechtsstaat'' with the capacity to become one after a period of historical development). In a ''Rechtsstaat'', the power of the state is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libération
''Libération'' (), popularly known as ''Libé'' (), is a daily newspaper in France, founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Initially positioned on the far-left of France's political spectrum, the editorial line evolved towards a more centre-left stance at the end of the 1970s. Its editorial stance was centre-left as of 2012. The publication describes its "DNA" as being "liberal libertarian". It aims to act as a common platform for the diverse tendencies within the French Left, with its "compass" being "the defence of freedoms and of minorities". Edouard de Rothschild's acquisition of a 37% capital interest in 2005, and editor Serge July's campaign for the "yes" vote in the referendum establishing a Constitution for Europe the same year, alienated it from a number of its left-wing readers. In its early days, it was noted for its irreverent and humorous style and unorthodox journalistic culture. All employ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Suffrage
Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stance, subject only to certain exceptions as in the case of children, felons, and for a time, women.Suffrage ''Encyclopedia Britannica''. In its original 19th-century usage by reformers in Britain, ''universal suffrage'' was understood to mean only ; the vote was extended to women later, during the |
Minority Rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States). Issues of minority rights may intersect with debates over historical redress or over positive discrimination. History Prior to the Paris Peace Conference (1919–1920), the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Will
In political philosophy, the general will (french: volonté générale) is the will of the people as a whole. The term was made famous by 18th-century Genevan philosopher Jean-Jacques Rousseau. Basic ideas The phrase "general will", as Rousseau used it, occurs in Article Six of the Declaration of the Rights of Man and of the Citizen (French: ''Déclaration des droits de l'Homme et du citoyen''), composed in 1789 during the French Revolution:The law is the expression of the general will. All citizens have the right to contribute personally, or through their representatives, to its formation. It must be the same for all, whether it protects or punishes. All citizens, being equal in its eyes, are equally admissible to all public dignities, positions, and employments, according to their capacities, and without any other distinction than that of their virtues and their talents. James Swenson writes: To my knowledge, the only time Rousseau actually uses "expression of the general wil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raymond Carré De Malberg
Raymond Carré de Malberg (1861–1935) was a French jurist and one of France's leading constitutional scholars. As professor of public law in Caen, Nancy and Strasbourg, Carré de Malberg developed a thorough positivist theory and critique of French constitutional law, influenced by interwar German thought as expressed in the Weimar Constitution The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c .... Although his works, including ''Contribution à la théorie générale de l'Etat'' (1920) and '' La loi, expression de la volonté générale'' (1931), became much-cited classics in post-war French scholarship, they have found little reception abroad. References * External links * French jurists 1861 births 1935 deaths 20th-century jurists {{France-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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