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Public Rights
In the United States, public rights, as compared to private rights, belong to citizens but are vested in and vindicated by political entities. Public rights cannot be vindicated by private citizens. A right must normally be a private right to be vindicated in court. An exception to this general proposition is found in ''Flast v. Cohen'', 392 U.S. 83 (1968). In ''Flast'', the U.S. Supreme Court held that a private citizen could challenge the constitutionality of a federal tax if the citizen established "a logical link between heirstatus s a taxpayerand the type of legislative enactment attacked nd. . . a nexus between that status and the precise nature of the constitutional infringement alleged." In Australia, public rights is an entitlement enjoyed by the community, in contrast to a private or personal entitlement. Such as a claim to tolls on a public highway, a right of ferry. Public rights may exist at common law or under statute. For example, the right of access to information ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Rights
In the United States, a private right is one that a private citizen can vindicate in court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco .... Compared to public rights, a citizen must be able to show that they have "sustained or is immediately in danger of sustaining some direct injury" and not that they "suffer in some indefinite way in common with people generally." (see Frothingham v. Mellon, 262 U.S. 447, 488 (1923)). A distinction can be made between criminal rights and private rights, arguing that restrictions against ex post facto laws were not designed to protect citizens' contract rights. References *Black's Law Dictionary *Frothingham v. Mellon, 262 U.S. 447 *Hart & Weschler's Federal Courts and the Federal Court System, 5th ed. (2003) Law of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. In general, the basic rights normally regarded as arising from citizenship are the right to a passport, the right to leave and return to the country/ies of citizenship, the right to live in that country, and to work there. Some countries permit their citizens to have multiple citizenships, while others insist on exclusive allegiance. Determining factors A person can be recognized or granted citizenship on a number of bases. Usually, citizenship based on circumstances of birth is automatic, but an application may be required. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Citizen
A private citizen is someone who does not have an official or professional role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen's arrest in a public place. A person may remain a private citizen even when having considerable political power and influence: ...Pericles, in his capacity as a private citizen, was able to dominate the affairs of the Athenian assembly, and to direct and guide the ''demos'' for nearly a generation. In law Private citizens in ''qui tam'' actions bring suit on behalf of the state but are not officers of the court, and are possibly eligible for a reward. Private citizens may have the right to make citizen's arrests under certain circumstances, despite not being sworn law-enforcement officials. Private citizens may have the right to bring citizen suits to en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and this i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Information
Access may refer to: Companies and organizations * ACCESS (Australia), an Australian youth network * Access (credit card), a former credit card in the United Kingdom * Access Co., a Japanese software company * Access Healthcare, an Indian BPO services provider * Access International Advisors, a hedge fund * AirCraft Casualty Emotional Support Services * Arab Community Center for Economic and Social Services * Access, the Alphabet division containing Google Fiber * Access, the Southwest Ohio Regional Transit Authority's paratransit service Sailing * Access 2.3, a sailing keelboat * Access 303, a sailing keelboat * Access Liberty, a sailing keelboat Television * ''Access Hollywood'', formerly ''Access'', an American entertainment newsmagazine * ''Access'' (British TV programme), a British entertainment television programme * ''Access'' (Canadian TV series), a Canadian television series (1974–1982) * Access TV, a former Canadian educational television channel (1973–2011) * A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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