Rule Of Law In The United Kingdom
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Rule Of Law In The United Kingdom
The rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating to Magna Carta of 1215, particularly jurisprudence following its late 13th century re-drafting. It as a minimum subjects an otherwise absolute monarch (executive) and all free people within its jurisdictions, primarily those of England and Wales, Scotland and Northern Ireland to legal doctrines known as the general principles of law. It has evolved to work only alongside equal application of the law to all free people 'equality before the law' and within the framework of the constitutional monarchy supports the legal doctrine of parliamentary sovereignty. Exactly what it entails beyond this and the way that different aspects of the rule of law principle are applied, depends on the specific situation and era. Among recognised academics in this field are Albert Dicey, Joseph Raz (building on thoughts by Friedrich Hayek) and Trevor Allan, who have p ...
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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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Law And Order (politics)
In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws and even capital punishment in some countries. This has been credited with facilitating greater militarisation of police and contributing to mass incarceration in the United States. Supporters of "law and order" argue that incarceration is the most effective means of crime prevention. Opponents argue that a system of harsh criminal punishment is ultimately ineffective because it self-perpetuates crime and does not address underlying or systemic causes of crime. Despite the widespread popularity of "law and order" ideas and approaches between the 1960s to the 1980s exemplified by presidential candidates including Richard Nixon and Ronald Reagan running successfully on a "tough-on-crime" platform, statistics on crime showed a significa ...
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British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts established by England between the late 16th and early 18th centuries. At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, of the world population at the time, and by 1920, it covered , of the Earth's total land area. As a result, its constitutional, legal, linguistic, and cultural legacy is widespread. At the peak of its power, it was described as "the empire on which the sun never sets", as the Sun was always shining on at least one of its territories. During the Age of Discovery in the 15th and 16th centuries, Portugal and Spain pioneered European exploration of the globe, and in the process established large overse ...
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Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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List Of Scottish Monarchs
The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the state in 843. Historically, the Kingdom of Scotland is thought to have grown out of an earlier "Kingdom of the Picts" (and later the Kingdom of Strathclyde that was conquered in the 11th century, becoming part of the new Kingdom of Scotland) though in reality the distinction is a product of later medieval myth and confusion from a change in nomenclature i.e. ('King of the Picts') becomes (King of Alba) under Donald II when annals switched from Latin to vernacular around the end of the 9th century, by which time the word in Scottish Gaelic had come to refer to the Kingdom of the Picts rather than Britain (its older meaning). The Kingdom of the Picts just became known as the Kingdom of Alba in Scottish Gaelic, which later became known in Scots and English as ''Scotland''; the terms are retained in both languages ...
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Politics Of Scotland
The politics of Scotland operate within the constitution of the United Kingdom, of which Scotland is a home nation. Scotland is a democracy, being represented in both the Scottish Parliament and the Parliament of the United Kingdom since the Scotland Act 1998. Most executive power is exercised by the Scottish Government, led by the First Minister of Scotland, the head of government in a multi-party system. The judiciary of Scotland, dealing with Scots law, is independent of the legislature and the executive. Scots law is primarily determined by the Scottish Parliament. The Scottish Government shares some executive powers with the Government of the United Kingdom's Scotland Office, a British government department led by the Secretary of State for Scotland. The Kingdom of Scotland entered a fiscal and political union with the Kingdom of England with the Acts of Union 1707, by which the Parliament of Scotland was abolished along with its English counterpart to form the P ...
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Rubber Stamp (politics)
A rubber stamp, as a political metaphor, is a person or institution with considerable ''de jure'' power but little ''de facto'' power — one that rarely or never disagrees with more powerful organizations. Historian Edward S. Ellis called this type of legislature a toy parliament. In situations where this superior official's signature may frequently be required for routine paperwork, a literal rubber stamp is used, with a likeness of their hand-written signature. In essence, the term is meant to convey an endorsement without careful thought or personal investment in the outcome, especially since it is usually expected as the stamper's duty to do so. In the situation where a dictator's legislature is a "rubber stamp", the orders they are meant to endorse are formalities they are expected to legitimize, and are usually done to create the superficial appearance of legislative and dictatorial harmony rather than because they have actual power. In a constitutional monarchy or parliame ...
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Parliament Of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council of bishops and earls, with the first identifiable parliament being held in 1235 during the reign of Alexander II, when it already possessed a political and judicial role. A unicameral institution, for most of its existence the Parliament consisted of the three estates of clergy, nobility, and the burghs. By the 1690s it comprised the nobility, the shires, the burghs, and various officers of state. Parliament gave consent for the raising of taxation and played an important role in the administration of justice, foreign policy, war, and the passing of a broad range of legislation. Parliamentary business was also carried out by "sister" institutions, such as General Councils or Conventions of Estates, which could both carry out much bu ...
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British Library
The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the British Library receives copies of all books produced in the United Kingdom and Ireland, including a significant proportion of overseas titles distributed in the UK. The Library is a non-departmental public body sponsored by the Department for Digital, Culture, Media and Sport. The British Library is a major research library, with items in many languages and in many formats, both print and digital: books, manuscripts, journals, newspapers, magazines, sound and music recordings, videos, play-scripts, patents, databases, maps, stamps, prints, drawings. The Library's collections include around 14 million books, along with substantial holdings of manuscripts and items dating as far back as 2000 BC. The library maintains a programme for content acquis ...
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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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Model Parliament
The Model Parliament is the term, attributed to Frederic William Maitland, used for the 1295 Parliament of England of King Edward I. History This assembly included members of the clergy and the aristocracy, as well as representatives from the various counties and boroughs. Each county returned two knights, two burgesses were elected from each borough, and each city provided two citizens. That composition became the model for later parliaments, hence the name.Powicke, Maurice, ''Medieval England: 1066-1485'', pp. 96-97 (London: Oxford University Press paperback edition 1969). A similar scheme had been used in summoning Simon de Montfort's Parliament in 1265, but it had been called by Simon de Montfort in the midst of the Second Barons' War against Henry III of England. The same scheme was remarkably adopted by a king who was Henry's son and heir although he had quelled Montfort's uprising. Edward I summoned the parliament to meet at Westminster on 13 November 1295. In calling t ...
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