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Unenumerated Rights
Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly coded or "enumerated" within the explicit writ of the law. Alternative terminology sometimes used are: implied rights, natural rights, background rights, and fundamental rights."Committee on the Judiciary Tushnet Statement re Hearing on 'the Origin and Scope of Roe v. Wade' . , |
Legal Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , budg ... [...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] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninth Amendment To The United States Constitution
The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that, because a certain right was not listed in the Bill of Rights, it did not exist. However, the Ninth Amendment has rarely played any role in U.S. constitutional law, and until the 1980s was often considered "forgotten" or "irrelevant" by many legal academics. According to the U.S. Supreme Court, “If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail.” Those granted powers are listed in the Constitution. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the isla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Order
The term social order can be used in two senses: In the first sense, it refers to a particular system of social structures and institutions. Examples are the ancient, the feudal, and the capitalist social order. In the second sense, social order is contrasted to social chaos or disorder and refers to a stable state of society in which the existing social structure is accepted and maintained by its members. The problem of order or Hobbesian problem, which is central to much of sociology, political science and political philosophy, is the question of how and why it is that social orders exist at all. Sociology Thomas Hobbes is recognized as the first to clearly formulate the problem, to answer which he conceived the notion of a social contract. Social theorists (such as Karl Marx, Émile Durkheim, Talcott Parsons, and Jürgen Habermas) have proposed different explanations for what a social order consists of, and what its real basis is. For Marx, it is the relations of production ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Republic Of China
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories. Intended for the entire territory of the Republic of China as it was then constituted, it was never extensively nor effectively implemented due to the outbreak of the Chinese Civil War in mainland China at the time of the constitution's promulgation. The newly elected National Assembly soon ratified the Temporary Provisions against the Communist Rebellion on May 10, 1948. The Temporary Provisions symbolises the country's entering into the state of emergency and granted the Kuomintang-led government of the Republic of China extra-constitutional powers. Following the ROC government's retreat to Taiwan on 7 December 1949, the Temporary Provisions tog ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Dignity
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable rights. The term may also be used to describe personal conduct, as in "behaving with dignity". Etymology The English word "dignity", attested from the early 13th century, comes from Latin ''dignitas'' (worthiness) by way of French ''dignité''. Modern use English-speakers often use the word "dignity" in proscriptive and cautionary ways: for example, in politics it can be used to critique the treatment of oppressed and vulnerable groups and peoples, but it has also been applied to cultures and sub-cultures, to religious beliefs and ideals, and even to animals used for food or research. "Dignity" also has descriptive meanings pertaining to the ''worth'' of human beings. In general, the term has various functions and meanings depen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portuguese Constitutional Court
The Constitutional Court ( pt, Tribunal Constitucional, ) is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality of the newly approved laws, but it also has important powers related to the President of the Republic, the political parties, and referendums. The Portuguese Constitution defines the Constitutional Court as a completely independent organ that operates independently from the other branches of government, such as the Executive or the Legislative. The Justices of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority. The court convenes in Lisbon, in the Ratton Palace located in Bairro Alto. Orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portuguese Constitution
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King Dom Pedro IV), 1838 (after the Liberal Wars), 1911 (following the 5 October 1910 revolution), and 1933 (after the 28 May 1926 coup d'état). Former Portuguese Constitutions Constitution of 1822 The Portuguese Constitution of 1822 (''Constituição Política da Monarquia Portuguesa'', "Political Constitution of the Portuguese Monarchy") approved on 23 September 1822 was the first Portuguese constitution, marking an attempt to end absolutism and introduce a constitutional monarchy. Although it was actually in force only for two brief periods, 1822–23 and 1836–38, it was fundamental to the history of democracy in Portugal. It was replaced by the Constitutional Charter of 1826. Constitutional Charter of 1826 The Charter of 1826 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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