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Constitutional Court Of Belarus
The Constitutional Court of Belarus is one of the top-tier courts in the eastern European country. Created in 1994, the Court is run under guidelines that were issued in 1997. The purpose of the court is to render justice in areas where the constitution has come into question, such as a local law contradicting the constitution. There are 12 judges that sit on the bench, with all having degrees in legal studies, as required by Belarusian law. Six of the judges are appointed by the President while the other six are appointed by the Council of the Republic. Regardless of the manner of appointment, the judges sit on the bench for a term of 11 years. Heads * Pyotr Milakshevich (since 2008) See also *Constitution *Constitutionalism *Constitutional economics *Jurisprudence *Judiciary * Rule of law * Rule According to Higher Law External links * * Human Rights Committeebr>views in case Pastukhov v. Belarusconcerning dismissing one of the CC judges in 1997 Law of Belarus ...
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Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Covering an area of and with a population of 9.4 million, Belarus is the List of European countries by area, 13th-largest and the List of European countries by population, 20th-most populous country in Europe. The country has a hemiboreal climate and is administratively divided into Regions of Belarus, seven regions. Minsk is the capital and List of cities and largest towns in Belarus, largest city. Until the 20th century, different states at various times controlled the lands of modern-day Belarus, including Kievan Rus', the Principality of Polotsk, the Grand Duchy of Lithuania, the Polish–Lithuanian Commonwealth, and t ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Constitutional Courts
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sep ...
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Government Of Belarus
The Government of the Republic of Belarus ( be, Урад Рэспублікі Беларусь), which consists of the Council of Ministers of the Republic of Belarus (), is the executive branch of state power in Belarus, and is appointed by the President of Belarus. The head of the Government is the President of Belarus, who manages the main agenda of the government and direct the ministers. The National Assembly of Belarus is the continuation of the Supreme Soviet of the BSSR and acts as the functioning parliament for Belarus. Council of Ministers Below are the 30 members of the Council of Ministers as of 19 August 2020, as well as the head of the presidential administration and the chairmen of the State Committees, who are not technically ministers but are included in the Council of Ministers. Offices which are not technically counted as ministerial posts are italicized. The prime minister, the first deputy prime minister(s), the deputy prime minister(s), the ministers of ec ...
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Law Of Belarus
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. 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 serves as a mediator of ...
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Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty. The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council (HRC), or the predecessor of the HRC, the UN Commission on Human Rights. Whereas the Human Rights Council (since June 2006) and the Commission on Human Rights (before that date) are ''UN political bodies:'' composed of states, established by a UN General Assembly resolution and the ...
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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 ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Constitution Of Belarus
The Constitution of the Republic of Belarus ( be, Канстытуцыя Рэспублікі Беларусь, russian: Конституция Республики Беларусь) is the ultimate law of Belarus. The Constitution is composed of a preamble and nine sections divided into 146 articles. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. However, the United Nations and various observers challenge that the rule of law is respected or that the judiciary is independent in Belarus, highlighting the consolidation of power by the current president. The constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country and is heavily influenced by Western constitutions. The constitution has been amended thrice under controversial circumstances since t ...
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Constitutional Economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Exis ...
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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of government s ...
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