Search results for: “precedent”
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Precedent
The Legal History of Precedent This section provides an overview of Precedent Concept of Precedent Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Embracing mainstream international law, this section on precedent explores the context, history and effect of […]
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Impact of Precedent—The Principle of Stare Decisis
Impact of Precedent-The Principle of Stare Decisis “The defining principle of Common law is the requirement that courts follow decisions of higher level courts within the same jurisdiction. It is from this legacy of stare decisis that a somewhat predictable, consistent body of law has emerged.” American Legal Systems: A Resource and Reference Guide Conclusion…
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Judicial Review
Introduction The U.S. case Marbury v. Madison (1803) held that the power of a court to decide what is the meaning of the American Constitution was implicit in an independent judiciary. This power of judicial review in the U.S. was a unique feature of the U.S. constitutionalism well into the […]
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European Convention on Human Rights
Introduction The European Convention on Human Rights was a reaction against the horrific abuses of human rights that took place before and during the Second World War, followed by further abuses occurring within the newly formed Communist block. These led, in 1949, due in part to the […]
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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 […]
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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 […]
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International Law
International Law consists of the rules and principles of general application dealing with the conduct of States and of international organizations in their international relations with one another and with private individuals, minority groups and transnational companies. Legal Issues […]
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Common Law
Introduction to Common Law "Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts of the realm, reflected the "common"customs of […]
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Common Law
Introduction to Common Law "Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts of the realm, reflected the "common"customs of […]
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Civil Service
Civil Service, name generally given to paid nonmilitary service in nonelective office in the executive branch of government. The term does not apply properly to service in the legislative branch or judicial branch, although in the United States some employees of these branches are subject to […]