LAWIN

Category: Constitutional law

  • Religious Tests

    From the book The Clergyman's Hand-book of Law, about Religious Tests (1): The constitution of the United States provides that "no religious test shall ever be required as a qualification to any office or public trust under the United States."61 Resources Notes and References […]

  • Hospitals

    Hospitals, Sisters, Appropriation From the book The Clergyman's Hand-book of Law, about Hospitals, Sisters, Appropriation (1): In 1864, Providence Hospital, of Washington, was incorporated by an act of Congress, for general hospital purposes. In 1897, $30,000 was appropriated for the […]

  • Religious Liberty

    Religious Liberty, Bible, Religious Garb, Wages From the book The Clergyman's Hand-book of Law, about Religious Liberty, Bible, Religious Garb, Wages (1): The authorities are not uniform as to what constitutes a violation of religious liberty. The question of whether the reading of the […]

  • Lawyer or legislator? "How it chanced that a man who reasoned on his premises so ably should assume his premises so foolishly, is one of the great mysteries of human nature. The same inconsistency may be observed in the schoolmen of the middle ages. Those writers show so much […]

  • Bills

    Bills in State law Note: The following is based specially in Florida law. For information about other State law , please research. Introduction of a Bill Bills are either sponsored by individual members of the […]

  • Bills

    Bills in State law Note: The following is based specially in Florida law. For information about other State law , please research. Introduction of a Bill Bills are either sponsored by individual members of the […]

  • State Principles

    State Principles State Principles in the National Constitutions Constitutions characterize their system of government by state principles. Contemporary states all subscribe to democracy in an unspecific and broad sense that encompasses at least some extent of democracy in the specific ruled-by-the-people sense plus some features of the rule of law. More detailed principles are currently…

  • Constitutional Review

    Constitutional Review Article from Tom Ginsburg, of the University of Chicago Law School, published in the Comparative Constitutional Review in July 30, 2008: “Constitutional review is the power to examine statutes and government actions for conformity with the constitution. From its origins in the American experience, the institution has spread around the globe to become…

  • Judicial Appointments

    Judicial Appointments Vacant Seat Latin for “vacant seat,” sede vacante is most often used to describe the period when no pope is presiding in Rome. But it might also describe the anticipation of waiting for smoke signals, for example, from U.S. State Governors’s office when a vacancy occurs on the State Supreme Court. Judicial Appointments…

  • Judicial Appointments

    Judicial Appointments Vacant Seat Latin for “vacant seat,” sede vacante is most often used to describe the period when no pope is presiding in Rome. But it might also describe the anticipation of waiting for smoke signals, for example, from U.S. State Governors’s office when a vacancy occurs on the State Supreme Court. Judicial Appointments…

  • Judicial Self-Appointment

    Judicial Self-Appointment From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for US Institute for Peace (January 2009): “In some countries in the common law tradition, the judiciary has become effectively self-appointing. For example, in India, the higher judiciary is appointed by the President after “consultation” with the Supreme Court and this…

  • Judicial Councils

    Judicial Councils From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for US Institute for Peace (January 2009): “Judicial councils are bodies that are designed to insulate the functions of appointment, promotion, and discipline of judges from the partisan political process while ensuring some level of accountability. Judicial councils lie somewhere in…

  • Judicial Elections

    Judicial Elections From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for the US Institute for Peace (January 2009): “Each American state has its own state judiciary, with its own system of appointment. These systems have varied over time and many of them, though not all, involve elections of judges. Electoral systems…

  • Judicial Elections

    Judicial Elections From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for the US Institute for Peace (January 2009): “Each American state has its own state judiciary, with its own system of appointment. These systems have varied over time and many of them, though not all, involve elections of judges. Electoral systems…

  • Removal of Judges

    Removal of Judges From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for the US Institute for Peace (January 2009): “A key factor in ensuring judicial independence and accountability is a system to discipline and, in serious cases, remove judges who have engaged in misconduct. Elections (of Judges) clearly provide one means…