Vacatio Legis
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Vacatio Legis
''Vacatio legis'' ( la, absence of law) is a technical term in law which designates the period between the announcement of a legislation and its entering into force. This concept also exists in the Catholic canon law.Fernando della Rocca, "Manual of Canon Law", pg. 70 (§37) Civil law In civil law, the ''vacatio legis'' is "a period of time between announcement of the legal act and its moment of entry into force". It is also known as "an adaptive period", "an accommodative period", "a temporary or transition stage", "a period of rest" or jokingly as "a legal act's holiday". The period of ''vacatio legis'' "begins in the moment, when the legal act is officially announced. That kind of regulation as legal act must have a proper announcement, which means that it must be published in official state journal". Catholic canon law In the canon law of the Latin Church, the ''vacatio legis'' is three months for universal laws, and one month for particular laws, unless the law itself ...
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Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ...
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Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome, which has ecclesiastical jurisdiction over the Catholic Church and the sovereign city-state known as the Vatican City. According to Catholic tradition it was founded in the first century by Saints Peter and Paul and, by virtue of Petrine and papal primacy, is the focal point of full communion for Catholic Christians around the world. As a sovereign entity, the Holy See is headquartered in, operates from, and exercises "exclusive dominion" over the independent Vatican City State enclave in Rome, of which the pope is sovereign. The Holy See is administered by the Roman Curia (Latin for "Roman Court"), which is the central government of the Catholic Church. The Roman Curia includes various dicasteries, comparable to ministries and ex ...
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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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Jurisprudence Of Catholic Canon Law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his '' Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West. Much of the legislative style was adapted from that of Roman Law especially the Justinianic ''Corpus Juris Civilis''. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman Law in the 11th century, canon law served as the most important unifying force among the local systems in the Civil Law tradition. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. The Catholic Church developed t ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Sunset Provision
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law. Most laws do not have sunset clauses and therefore remain in force indefinitely, except under systems in which desuetude applies. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato. At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is admitted for a period will be refused after the period". The same rules were applied in the Roman emergency legislation. The fundamental ...
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Diocese
In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided Roman province, provinces were administratively associated in a larger unit, the Roman diocese, diocese (Latin ''dioecesis'', from the Greek language, Greek term διοίκησις, meaning "administration"). Christianity was given legal status in 313 with the Edict of Milan. Churches began to organize themselves into Roman diocese, dioceses based on the Roman diocese, civil dioceses, not on the larger regional imperial districts. These dioceses were often smaller than the Roman province, provinces. Christianity was declared the Empire's State church of the Roman Empire, official religion by Theodosius I in 380. Constantine the Great, Constantine I in 318 gave litigants the right to have court cases transferred from the civil courts to the bishops. This situ ...
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Decree (Catholic Canon Law)
A decree (Latin: ''decretum'', from ''decerno'', "I judge") is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal bull, brief, or ''motu proprio'' is a decree inasmuch as these documents are legislative acts of the pope. In this sense the term is quite ancient.Pope Siricius speaks (Ep. i, ad Himer., c. ii) of the ''decreta generalia'' of Pope Liberius. The Roman congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority. Decrees can be distinguished between legislative and executory decrees. A general legislative decree enacts law (''lex'') and stands on its own, while executory decrees determi ...
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Rome
, established_title = Founded , established_date = 753 BC , founder = King Romulus (legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption = The territory of the ''comune'' (''Roma Capitale'', in red) inside the Metropolitan City of Rome (''Città Metropolitana di Roma'', in yellow). The white spot in the centre is Vatican City. , pushpin_map = Italy#Europe , pushpin_map_caption = Location within Italy##Location within Europe , pushpin_relief = yes , coordinates = , coor_pinpoint = , subdivision_type = Country , subdivision_name = Italy , subdivision_type2 = Region , subdivision_name2 = Lazio , subdivision_type3 = Metropolitan city , subdivision_name3 = Rome Capital , government_footnotes= , government_type = Strong Mayor–Council , leader_title2 = Legislature , leader_name2 = Capitoline Assemb ...
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Canon Lawyer
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English w ...
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Coming Into Force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment. To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in a superior law or legal framework, such as a constitution or the standing orders of the legisla ...
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Promulgation (Catholic Canon Law)
Promulgation in the Catholic canon law is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in ''Acta Apostolicae Sedis'', and unless specified to the contrary, obtain legal force three months after promulgation.Canon 8 §1, 1983 Code of Canon Law Particular laws are promulgated in various ways but by default take effect one month after promulgation.Canon 8 §2, 1983 Code of Canon Law Definition and nature Promulgation is the act by which the legislator manifests to those subject to his jurisdiction the decision that he has made and makes known to them his intention to bind them to the observance of his law.Metz, René. ''What is Canon Law?'', pg. 41. Without having been promulgated, the canonical law in question has no legal effect, since promulgation is "an essential factor of legislation" and "an absolute condition for the effectiveness of a law". ...
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