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Special Highest Court
In Greece, the Special Highest Court, () is provided for in the article 100 of the Constitution of Greece. It is not a permanent court and it sits only when a case belonging to its special competence arises. It is regarded as the supreme "constitutional" and "electoral" court of Greece. Its decisions are irrevocable and binding for all the courts, including the Supreme Courts. However, the ''Special Highest Court'' does not have an hierarchical relation with the three Supreme Courts (the Supreme Civil and Criminal Court of Greece, the Council of State and the Court of Audit). It is not considered higher than these courts and it does not belong to any branch (civil, penal, administrative) of the Greek justice system. Composition According to the article 100 of the Constitution the ''Special Highest Court'' comprises eleven members. Namely: * the presidents of the three Supreme Courts, * four members of the Court of Cassation, chosen by lot for a two-years term, * four members of ...
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Greece
Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to the east. The Aegean Sea lies to the east of the Geography of Greece, mainland, the Ionian Sea to the west, and the Sea of Crete and the Mediterranean Sea to the south. Greece has the longest coastline on the Mediterranean Basin, spanning List of islands of Greece, thousands of islands and nine Geographic regions of Greece, traditional geographic regions. It has a population of over 10 million. Athens is the nation's capital and List of cities and towns in Greece, largest city, followed by Thessaloniki and Patras. Greece is considered the cradle of Western culture, Western civilisation and the birthplace of Athenian democracy, democracy, Western philosophy, Western literature, historiography, political science, major History of science in cl ...
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Greek Constitutional Amendment Of 2001
The Amendment of 2001 constituted the most important amendment of the Constitution of 1975. The Amendment of 1986 was much more limited, as it led to the modification of just a few articles concerning the President's powers. The parliamentary procedure inaugurating the process of the Amendment was initiated by the government of PASOK and prime minister, Costas Simitis, in 1998. Three years later the 7th Revisionary Parliament decided on 83 proposed amendments and rejected 4 of them.E. Venizelos, ''The Amendment of 2001'', 39 Seven proposed amendments demanded a majority of 3/5. The 3/5 majority was already achieved for the other 76 proposals during the initial vote before the legislative elections of 2000. The amendment was officially concluded on the 17th of April 2001. Some of the most important modifications were the following: * Recognition of new Constitutional rights, such as the protection of personal data or access to information. * Constitutional recognition of 5 Indep ...
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Politics Of Greece
Greece is a parliamentary representative democratic republic, where the President of Greece is the head of state and the Prime Minister of Greece is the head of government within a multi-party system. Legislative power is vested in both the government and the Hellenic Parliament. Between the restoration of democracy in 1974 and the Greek government-debt crisis, the party system was dominated by the liberal-conservative New Democracy and the social-democratic PASOK. Since 2012, the anti-austerity, democratic socialist party Syriza has taken the place of PASOK as the largest left wing party, with their first election victory in January 2015. The judiciary is independent of the executive and the legislature. The Constitution of Greece, which describes Greece as a "presidential parliamentary republic", includes extensive specific guarantees of civil liberties and vests the powers of the head of state in a president elected by parliament. The Greek governmental structure is sim ...
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Rule According To Higher Law
The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule according to a higher law'' may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted law, still produces results which many observers find unfair or unjust. Doctrine The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Canon law (Catholic Church), Catholic canon law jurists. "Higher law" can be interpreted in this context as the divine law, divine or natural law or basic legal values, established in the international law—the choice depending on the viewpoint; no matter the source, it is a law above the l ...
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Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined 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." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ...
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Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ...
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Constitutional Economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Ex ...
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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of government se ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ...
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Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It 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 Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ...
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Constitution Of Greece
The Constitution of Greece () was created by the Fifth Revisionary Hellenic Parliament in 1974, after the fall of the Greek junta and the start of the Third Hellenic Republic. It came into force on 11 June 1975 (adopted two days prior) and has been amended in 1986, 2001, 2008 and 2019. The constitutional history of Greece goes back to the Greek War of Independence (1821–1832), during which the first three Greek constitutions were adopted by the revolutionary national assemblies. Syntagma Square (''Plateia Syntagmatos'') in Athens is named after the first constitution adopted in the modern Greek State. Context The Constitution consists of 120 articles, in four parts: *The first part (articles 1–3), ''Basic Provisions'', establishes Greece as a '' presidential parliamentary democracy'' (or ''republic'' – the Greek δημοκρατία can be translated both ways), and confirms the prevalence of the Orthodox Church in Greece. *The second part (''Individual and Soc ...
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