Dutch Law
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Dutch Law
The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German ''Bürgerliches Gesetzbuch''. The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws they are commonly referred to as the legislature (Dutch: ''wetgever''). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipalit ...
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Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Constitution Of The Netherlands
The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide. A revision in 1848 instituted a system of parliamentary democracy. In 1983, a major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights. The text is sober, devoid of legal or political doctrine and includes a bill of rights. It prohibits the judiciary to test laws and treaties against the constitution, as this is considered a prerogative of the legislature. There is no constitutional court in the Netherlands, except for the Constitutional Court of Sint Maarten which only go ...
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Criminal Justice System Of The Netherlands
The criminal justice system of the Netherlands is the system of practices and institutions of the Netherlands directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Netherlands' criminal code is based on the Napoleonic Code, imposed during the time of the French Empire. The Dutch largely kept the Napoleonic Code after their independence, but tempered it with a significantly more rehabilitative penological focus. Law enforcement in the Netherlands is provided by the national police force. The police make use of over 50,000 individuals, employed in a number of regional and specialist departments. The States General crafts rules to manage the police, while the Minister of Justice and Security is responsible for the central administration of the police. The national police commissioner is vested with the day-to-day management of the police force. The judiciary comprises ...
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Burgerlijk Wetboek
The ''Burgerlijk Wetboek'' (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1), legal persons (Book 2), patrimony (Book 3) and succession (Book 4). It also sets out the law of property (e.g., ownership, possession, and security interests) (Book 5), obligations (Book 6) and contracts (Book 7), and conflict of laws (Book 10). Proposed amendments will add a Book on intellectual property. The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders, such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenous ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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European Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated dis ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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