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Law Of Gibraltar
The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law. The ''English Law (Application) Act 1962'' stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law. However, as Gibraltar is a self-governing British overseas territory, it maintains its own independent tax status and its parliament can enact laws independently of the United Kingdom. See also *Court system of Gibraltar The judiciary of Gibraltar is a branch of the Government of Gibraltar that interprets and applies the law of Gibraltar, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based ... External links Gibraltar's Law & Justice SystemSearchable database of the laws of Gibraltar Self-governance {{Europe-law-stub ...
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Gibraltar
) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibraltar map-en-edit2.svg , map_alt2 = Map of Gibraltar , map_caption2 = Map of Gibraltar , mapsize2 = , subdivision_type = Sovereign state , subdivision_name = , established_title = British capture , established_date = 4 August 1704 , established_title2 = , established_date2 = 11 April 1713 , established_title3 = National Day , established_date3 = 10 September 1967 , established_title4 = Accession to EEC , established_date4 = 1 January 1973 , established_title5 = Withdrawal from the EU , established_date5 = 31 January 2020 , official_languages = English , languages_type = Spoken languages , languages = , capital = Westside, Gibraltar (de facto) , coordinates = , largest_settlement_type = largest district , larges ...
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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 s ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publicat ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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English Law (Application) Act 1962
The English Law (Application) Act 1962, originally known as the Application of English Law Ordinance, is an Act of the Gibraltar Legislative Council concerning the applicability of English law in Gibraltar. Law The Ordinance affirmed that Gibraltar would follow English Common Law and defined in schedules which specific statutes of English law would apply in Gibraltar. The list of statutes would be updated infrequently. It was also done to confirm in statute, rather than implied common automatic supersession, that Gibraltar would continue with English law. Though the Ordinance did not clarify whether Gibraltar would follow English case law precedents, it was later interpreted by Gibraltarian legal practitioners as meaning that they were not binding but were useful starting points for the consideration of judgments, due to the low amount of case law that originated in Gibraltar. The Ordinance was later used as a model in other British colonies for similar ordinances. In Britis ...
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Self-governance
__NOTOC__ Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of institution, such as family units, social groups, affinity groups, legal bodies, industry bodies, religions, and political entities of various degree. Self-governance is closely related to various philosophical and socio-political concepts such as autonomy, independence, self-control, self-discipline, and sovereignty. In the context of nation states, self-governance is called national sovereignty which is an important concept in international law. In the context of administrative division, a self-governing territory is called an autonomous region. Self-governance is also associated with political contexts in which a population or demographic becomes independent from colonial rule, absolute government, absolute monarchy or any go ...
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British Overseas Territories
The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former British Empire and do not form part of the United Kingdom itself. The permanently inhabited territories are internally self-governing, with the United Kingdom retaining responsibility for defence and foreign relations. Three of the territories are inhabited only by a transitory population of military or scientific personnel. All but one of the rest are listed by the UN Special Committee on Decolonization as non-self-governing territories. All fourteen have the British monarch as head of state. three territories (the Falkland Islands, Gibraltar and the Sovereign Base Areas of Akrotiri and Dhekelia on the island of Cyprus) are the responsibility of the minister of state for Europe and the Americas; the minister responsible for the ...
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Tax Law
Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a legal context. The rates and merits of the various taxes, imposed by the authorities, are attained via the political process inherent in these bodies of power, and not directly attributable to the actual domain of tax law itself. Tax law is part of public law. It covers the application of existing tax laws on individuals, entities and corporations, in areas where tax revenue is derived or levied, e.g. income tax, estate tax, business tax, employment/payroll tax, property tax, gift tax and exports/imports tax. There have been some arguments that consumer law is a better way to engage in large-scale redistribution than tax law because it does not necessitate legislation and can be more efficient, given the complexities of tax law. Major i ...
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Gibraltar Parliament
The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006, it was called the Gibraltar House of Assembly. Functions The House of Assembly, set up under the 1969 constitution, was a unicameral body originally consisting of 15 members elected by the Gibraltar electorate, plus two appointed members including the Attorney-General. The term "House of Assembly" has been commonly used for the legislatures of British territories that are less than fully sovereign. It was replaced by the current Gibraltar Parliament by the new 2006 constitution, reflecting an increase in its sovereignty. All 17 of the new Parliament's members are elected. Under the election system, each voter was allowed to vote for ten members of the Assembly. Due to the small area of Gibraltar and its territorial continuity, precincts served only as polling places, not political units, and there are no electoral districts served by the members, who were ins ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of ...
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Court System Of Gibraltar
The judiciary of Gibraltar is a branch of the Government of Gibraltar that interprets and applies the law of Gibraltar, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based on English law and is a mix of common law and statute. The hierarchical system of courts includes a magistrates' court, a supreme court and a non-resident appellate court. Judicial Committee of the Privy Council The highest court of appeal for Gibraltar is the Judicial Committee of the Privy Council in London, able to hear appeals from the Gibraltar Court of Appeal. European Court of Justice In relation to matters of European Community Law, the European Court of Justice is the highest authority. European Court of Human Rights Court of Appeal The next highest court is the Court of Appeal. This court is composed of an odd number of judges not fewer than three. The Chief Justice is an ex-officio member of the Court of Appeal but may no ...
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Gibraltar Law
The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law. The '' English Law (Application) Act 1962'' stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law. However, as Gibraltar is a self-governing British overseas territory, it maintains its own independent tax status and its parliament can enact laws independently of the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and .... See also * Court system of Gibraltar External links Gibraltar's Law & Justice SystemSearchable database of the laws of Gibraltar Self-governance {{Europe-law-stub ...
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