Constitutional Court
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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Constitutional Court Of Albania
The Constitutional Court of the Republic of Albania ( sq, Gjykata Kushtetuese e Republikës së Shqipërisë) is the highest authority in Albania's legal system that defends and assures the respect of the Constitution of Albania. The judges of the Constitutional Court, also known as members, deal with the following common cases: the compatibility of an international agreement that has not yet been ratified with the mandates of the Constitution; the compliance of a law passed by either a local, a regional or the central level of government in Albania with the Constitution; a dispute pertaining to a violation or violations of a constitutional right or constitutional rights of an Albanian citizen or citizens. In the first two decades of its operation, the Constitutional Court has encountered several criticisms. Some of the criticism directed at the Constitutional Court has concerned the process in which the judges of the said court are appointed and elected, and the decisions made ...
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Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ...
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Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ...
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Ephor
The ephors were a board of five magistrates in ancient Sparta. They had an extensive range of judicial, religious, legislative, and military powers, and could shape Sparta's home and foreign affairs. The word "''ephors''" (Ancient Greek ''éphoroi'', plural form of ''éphoros'') comes from the Ancient Greek ''epi'', "on" or "over", and ''horaō'', "to see", i.e., "one who oversees" or "overseer". The ephors were a council of five Spartan men elected annually who swore an oath monthly on the behalf of the state. The Spartan kings, however, would swear on behalf of themselves. The ephors did not have to kneel before the Kings of Sparta, and were held in high esteem by the citizens because of the importance of their powers and because of the holy role that they earned throughout their functions.Donald Kagan, ''The Outbreak of the Peloponnesian War''. page 29. Ithaca/New York 1969, . Several other Greek city-states with a Spartan ancestry also had ephors, such as Taras or Cy ...
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Francesco Mario Pagano
Francesco Mario Pagano (8 December 1748 – 29 October 1799) was an Italian jurist, author, thinker, and the founder of the Neapolitan school of law.''The Cambridge History of Eighteenth-Century Political Thought'', ed. Goldie & Wokler, 2006, p. 765 He is regarded as one of the most influential Enlightenment thinkers. A moderate reformist, he is seen as a forerunner of the Italian unification. Biography He was born in Brienza in the southern Province of Potenza. He studied at the University of Naples Federico II under Antonio Genovesi. At the age of twenty, he became special lecturer in moral philosophy there, at the same time practising law. He was friend of Gaetano Filangieri, entering the masonry with him, and was elected venerable master of the Neapolitan lodge "La philantropia". Pagano was one of the men who powerfully helped Italy in her social and scientific advancement and in the 1790s he had striven more than any other intellectual to give a political form to the ...
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Parthenopean Republic
The Parthenopean Republic ( it, Repubblica Partenopea, french: République Parthénopéenne) or Neapolitan Republic (''Repubblica Napoletana'') was a short-lived, semi-autonomous republic located within the Kingdom of Naples and supported by the French First Republic. The republic emerged during the French Revolutionary Wars after King Ferdinand IV fled before advancing French troops. The republic existed from 21 January to 13 June 1799, collapsing when Ferdinand returned to restore monarchial authority and forcibly subdued republican activities. Etymology The Parthenopean Republic is named after Parthenope, a Greek settlement now part of the city of Naples. Origins of the Republic On the outbreak of the French Revolution King Ferdinand IV of Naples and Queen Maria Carolina did not at first actively oppose reform; but after the fall of the French monarchy they became violently opposed to it, and in 1793 joined the first coalition against France, instituting severe persecution ...
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Constitution Of The United Kingdom
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched; the Supreme Court of the United Kingdom recognises that there are constitutional principles, including parliamentary sovereignty, the rule of law, democracy, and upholding international law. The Supreme Court also recognises that some Acts of Parliament have special constitutional status, and are therefore part of the constitution. These include Magna Carta, which in 1215 required the King to call a "common counsel" (now called Parliament) to represent people, to hold courts in a fixed place, to guarantee fair trials, to guarantee f ...
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United Kingdom Of Great Britain And Ireland
The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great Britain and the Kingdom of Ireland into a unified state. The establishment of the Irish Free State in 1922 led to the remainder later being renamed the United Kingdom of Great Britain and Northern Ireland in 1927. The United Kingdom, having financed the European coalition that defeated France during the Napoleonic Wars, developed a large Royal Navy that enabled the British Empire to become the foremost world power for the next century. For nearly a century from the final defeat of Napoleon following the Battle of Waterloo to the outbreak of World War I, Britain was almost continuously at peace with Great Powers. The most notable exception was the Crimean War with the Russian Empire, in which actual hostilities were relatively limited. How ...
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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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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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