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Constitutional Complaint
The constitutional complaint (german: Verfassungsbeschwerde) is a remedy found in Germany for protection of constitutional rights. It derives from Article 93 Sec. 1 Nr. 4a of the Basic Law. It resembles in certain respects the '' amparo'' remedy available in some Spanish-speaking nations. The constitutional complaint is an extraordinary remedy for the protection of constitutional rights. These are the basic rights (Art. 1 - 19 GG) and certain related rights (Art. 20 Sec. 4, Art. 33, Art. 38, Art. 101, Art. 103, Art. 104 GG). The constitutional complaint originally was only part of a federal law (§§ 90 ff. BVerfGG) and not part of the constitution itself. Yet it was incorporated in the Constitution in 1969, because at the same time the so-called Notstandsverfassung (regulations for the case of emergency and war) was incorporated in the constitution. In case of emergency it is possible to impose restrictions on the citizens in respect to certain basic rights. In order to avoi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Rights
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] |
German Basic Law
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four All ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Amparo
In most legal systems of the Spanish-speaking world, the writ of ("writ of protection"; also called , "appeal for protection", or , "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. The remedy or action is an effective and inexpensive instrument for the protection of individual rights. , generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and their basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the available in Colombia, the writ of security () in Brazil and the constitutional complaint () procedure found in Germany. In many countries, an action is intended to protect all rights that are not protected specifically by the constitution or by a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires the suppor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, 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 (polity), 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 (government), 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. Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber. Terminology The name used to refer to a legislative body varies by country. Common names include: * Assembly (from ''to assemble'') * Congress (from ''to congregate'') * Council (from Latin 'meeting') * Diet (from old German 'people') * Estates or States (from old French 'condition' or 'status') * Parliament (from French ''parler'' 'to speak') By ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from general courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include: *taxation *dispensation of monetary benefits *environmental licenses *building inspection *child custody *involuntary commitment *immigration decisions *summary public payments (other than fines imposed by general courts) In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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