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Derogation
Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a later and contrary one. It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Statutory interpretation Under the derogation cannon of statutory interpretation "statutes in derogation of the common law" should be narrowly construed. Terrorism A UK law permitting warrantless arrest and detention on suspicion of terrorist involvement was found to violate protected rights, according to the ECHR decision in '' Brogan v. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Of Emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. ''Justitium'' is its equivalent in Roman law—a concept in which the Roman Senate could put forward a final decree (''senatus consultum ultimum'') that was not subject to dispute yet helped save lives in times of strife. Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies. Use and viewpoints Though fairly uncommon in democracies, dictatorship, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dispensation (Catholic Canon Law)
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Concept Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law. Dispensation is not a permanent power or a special right as in privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely.The Law of Christ Vol. I, pg. 285 If the immediate basis for the right is withdrawn, then the right ceases. Validity, legality, "just and reasonable cause" There must be a "just and reasonable cause" [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase ''leges posteriores priores contrarias abrogant'' or "lex posterior derogat priori". Implied repeal is to be contrasted with the express repeal of legislation by the legislative body. Canada In Canadian law, it is possible for a law to be protected from implied repeal by way of a "primacy clause" which states that the act in question supersedes all other statutes until it is specifically repealed. Acts with such primacy clauses are called quasi-constitutional. United Kingdom In the 2002 English case ''Thoburn v Sunderland City Council'' (the so-called "Metric Martyrs" case), Lord Justice Laws held that some constitutionally significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation (European Union)
A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter. Description The description of regulations can be found in Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bruce Publishing Company
The English language name Bruce arrived in Scotland with the Normans, from the place name Brix, Manche in Normandy, France, meaning "the willowlands". Initially promulgated via the descendants of king Robert the Bruce (1274−1329), it has been a Scottish surname since medieval times; it is now a common given name. The variant ''Lebrix'' and ''Le Brix'' are French variations of the surname. Actors * Bruce Bennett (1906–2007), American actor and athlete * Bruce Boxleitner (born 1950), American actor * Bruce Campbell (born 1958), American actor, director, writer, producer and author * Bruce Davison (born 1946), American actor and director * Bruce Dern (born 1936), American actor * Bruce Gray (1936–2017), American-Canadian actor * Bruce Greenwood (born 1956), Canadian actor and musician * Bruce Herbelin-Earle (born 1998), English-French actor and model * Bruce Jones (born 1953), English actor * Bruce Kirby (1925–2021), American actor * Bruce Lee (1940–1973), martial art ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anselm Thatcher
Anselm may refer to: People Saints * Anselm, Duke of Friuli (s), Benedictine monk and abbot Nonantula * Anselm of Canterbury (c. 1033–1109), philosopher, Abbot of Bec, and Archbishop of Canterbury * Anselm of Lucca (1036–1086), better known as Saint Anselm of Lucca Bishops * Anselm I (bishop of Milan) ( 813–818), bishop of Milan * Anselm II (archbishop of Milan) (died 896), also known as Anselm II Capra * Anselm I of Aosta (994–1026), the last bishop to serve as count of Aosta, and brother-in-law of Burchard, bishop of Aosta * Anselm I of Lucca (died 1073), better known as Pope Alexander II * Anselm II (1070s 1090s), bishop of Aosta * Anselm III (archbishop of Milan) ( it, Anselmo da Rho, link=no; 1086–1093) * Anselm IV (archbishop of Milan) ( it, Anselmo da Bovisio, link=no; 1097–1101) * Anselm of Havelberg (–1158), Premonstratensian canon and archbishop of Ravenna * Anselm V (Archbishop of Milan) ( 1126–1136), also known as Anselm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fernando Della Rocca
Fernando is a Spanish and Portuguese given name and a surname common in Spain, Portugal, Italy, France, Switzerland, former Spanish or Portuguese colonies in Latin America, Africa, the Philippines, India, and Sri Lanka. It is equivalent to the Germanic given name Ferdinand, with an original meaning of "adventurous, bold journey". First name * Fernando el Católico, king of Aragon A * Fernando Acevedo, Peruvian track and field athlete * Fernando Aceves Humana, Mexican painter * Fernando Alegría, Chilean poet and writer * Fernando Alonso, Spanish Formula One driver * Fernando Amorebieta, Venezuelan footballer * Fernando Amorsolo, Filipino painter * Fernando Antogna, Argentine track and road cyclist * Fernando de Araújo (other), multiple people B * Fernando Balzaretti (1946–1998), Mexican actor * Fernando Baudrit Solera, Costa Rican president of the supreme court * Fernando Botero, Colombian artist * Fernando Bujones, ballet dancer C * Fernando Cabrera (baseball ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified part o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obrogation
In civil law, obrogation (Latin: ''obrogat'' from ''obrogare'') is the modification or repeal of a law in whole or in part by issuing a new law. In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law; it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Catholic Church The 1983 Code of Canon Law governs here in canon 53: This canon incorporates Rule 34 in VI of the '' Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific derogates from the general."Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53). See also *Repeal *Conflict of laws *Implied repeal *Naskh (tafsir) ''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zoning Variance
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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