Search results for: “access to courts”
-
Limits on Access to Judicial Review
In relation to the limits on access to judicial review and constitutional law, Steven D Schwinn[1] made the following observation: The vast majority of progressive democratic constitutions explicitly provide for some form of judicial review. This means that courts in most democratic […]
-
Access Rights
Access Rights Under the Hague Convention on the Civil Aspects of International Child Abduction Remedies for Breach “Access rights,” which are synonymous with “visitation rights”, are also protected by the Convention, but to a lesser extent than custody rights. While the Convention preamble and Article 1(b) articulate the Convention objective of ensuring that rights of…
-
Ecclesiastical Courts Origins
Introduction to Ecclesiastical Courts OriginsEcclesiastical courts originated among the early Christians in Rome before the adoption of Christianity by Roman Emperor Constantine the Great in the 4th century. The Christians, as a persecuted sect, had no access to the Roman courts; Roman cour…
-
Citation to Federal Unpublished Opinions in the Circuit Courts
In April 2006, proposed Federal Rule of Appellate Procedure (FRAP) 32.1 was adopted by the U.S. Supreme Court. The rule, which went into effect on December 1, 2006, prohibits Federal Circuit Courts from disallowing citation to federal unpublished opinions issued on or after January 1, 2007. FRAP 32.1 raises many open questions that will most…
-
Refugee Rights
Refugee International AIDIntroduction to Refugee RightsUntil the early 20th century, refugees, who depended for survival on aid from private groups, lacked both legal rights and protection. Since the end of World War I, various international organizations have been created to prote…
-
Convention Relating to the Status of Refugees 2
Convention Relating to the Status of Refugees ARTICLE 7 Exemption from Reciprocity 1. Except where this Convention contains more favourable provisions, a Contracting State shall accord to Refugees the same treatment as is accorded to aliens generally. 2. After a period of three years’ residence, all Refugees shall enjoy exemption from legislative reciprocity in…
-
Judicial Proceedings
Hierarchical Display of Judicial proceedings Law > JusticeLaw > Organisation of the legal system > Legal system > Ordinary court of lawLaw > Organisation of the legal system > Legal system > Administrative court Judicial proceedings Concept of Judicial proceedings See the dictionary […]
-
Civil Procedure
The Legal History of Civil Procedure This section provides an overview of Civil Procedure Civil Procedure and the Federal Courts: Main Elements The coverage of Civil Procedure and the Federal Courts includes the following main elements: Federal or State Law For detailed information on this […]
-
Civil Procedure
The Legal History of Civil Procedure This section provides an overview of Civil Procedure Civil Procedure and the Federal Courts: Main Elements The coverage of Civil Procedure and the Federal Courts includes the following main elements: Federal or State Law For detailed information on this […]
-
Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
-
Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
-
Data Protection
Governments and regulators around the world are considering a number of legislative and regulatory proposals concerning data protection. In addition, the interpretation and application of consumer and data protection laws or regulations in the United States, Europe and elsewhere are often […]