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 […]

Abortion

The Legal History of Abortion in Hindu Law This section provides an overview of Abortion in Hindu Law In relation to the abortion and constitutional law, Radhika Rao[1] made the following observation: Abortion is commonly defined as the intentional termination of pregnancy with reasonable […]

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 […]

Primary Education

In relation to the primary education and constitutional law, Pablo Meix Cereceda[1] made the following observation: 'Primary education' is one of the expressions most frequently used by constitutions around the world when they refer to school education of children […]

Freedom of Trade

Freedom of Trade and Commerce In relation to the freedom of trade and commerce and constitutional law, Gonzalo Villalta Puig[1] made the following observation: The freedom of trade and commerce is a constitutional norm that conceives the sale and purchase of goods and services among or […]

Socialism

Socialist Law The inclusion of "Socialist law", in the past, was unavoidable in certain legal classifications. Marxist-Leninist thought still plays a sometimes significant role in the legal organization of certain countries. The criterion which governed the creation of a category […]

Devolution

In relation to the devolution and constitutional law, John Hopkins[1] made the following observation: Although the term devolution has become increasingly commonplace in constitutional and political discourse, the concept itself defies easy definition. Its use in European languages dates […]

Extradition

Introduction to Extradition Extradition, in law, surrender by one sovereign power to another of a fugitive from justice. Between nations, the right of one power to demand of another the extradition of a fugitive accused of crime, and the duty of the country in which the fugitive has found […]

Social Rights

In relation to the social rights and constitutional law, David Landau[1] made the following observation: Social rights are the rights of people to achieve their basic human needs. In domestic constitutional orders, common social rights include the right to healthcare (right to health), […]

Neutrality

Neutrality Definition Neutrality may be defined, in international law, as a legal status of a state that adheres to a policy of nonengagement during war. See more about the definition of neutrality here. Introduction The rules covering wartime relations between a neutral and a […]

Right to Education

In relation to the right to education and constitutional law, Yoram Rabin and Matan A Gutman[1] made the following observation: Education is a fundamental human right and is essential to the existence and prosperity of an open and democratic society. Indeed: Education is both a human right […]

Universalism

In relation to the universalism and constitutional law, Matthias Mahlmann[1] made the following observation: The concept of universalism is used in various contexts and with different meanings. Its use is not limited to the sphere of ethics and law. In law, universalism can have a formal […]

Death Penalty

WHEN BRITISH LAWYER CHRISTOPHER EADES arrived at Louisiana's oldest prison, the State Penitentiary at Angola, he found abominable food, sweltering heat, and inmates who feared for their lives. Literacy and education were minimal. One prisoner could name his birth date but not his age. Others […]

Religion

The Legal History of Religion This section provides an overview of Religion. Religion & Law Pages Online Legal Resources

The Islamic Law entry The Jewish Law entry U.S. Federal Religion Law Decisions Recent U.S. Supreme Court Religion Law Decisions – at the Legal […]

Federalism

The Legal History of Federalism This section provides an overview of Federalism Concept of Federalism Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. In relation to the federalism and constitutional law, Mahendra Prasad Singh[1] made the following […]

Racial Discrimination

International Convention on The Elimination of All Forms of Racial Discrimination (icerd) in Election Law Adopted in 1965, ICERD is a United Nations convention that commits its members to the elimination of racial discrimination and the promotion of understanding among all races. Brown v Board […]

Liberalism

The Liberals While the adjetive of the term means "Marked by generosity", a used definition of liberal regards the person who is open-minded or not strict in the observance of orthodox, traditional, or established forms or ways. Earl Killian thinks that a liberal is the person […]

Plebiscite

Plebiscite Definition Plebiscite, a vote by the electorate of a nation, region, or locality on a specific question. Historical Introduction In modern times, plebiscites have been held to determine the wishes of the inhabitants of a country or area as to their choice of sovereignty and […]

Protection of Animals

Protection and Status of Animals In relation to the protection and status of animals and constitutional law, Jessica Eisen and Kristen Stilt[1] made the following observation: Constitutions mention animals in many different contexts. This entry will focus on the relatively recent […]

Local Government

Introduction to Local Government Local Government, agency organized to provide and supervise administrative, fiscal, and other services to the people who reside within its territorial boundaries. It is the level of government most directly accountable to the public. In the U.S. local […]

Presidential Systems

In relation to the presidential systems and constitutional law, Kevin YL Tan[1] made the following observation: Of the world's political systems, the presidential system of government is the most common and popular (forms of government). This system of government has its origins in the […]

Right to Intellectual Property

In relation to the right to intellectual property and constitutional law, ES Nwauche[1] made the following observation: The right to intellectual property is the protection offered by national, regional and international legal orders to intellectual property as a human right. Even though […]

Ballots

Challenged Ballot in Election Law Any type of ballot paper that is contested. These are temporarily excluded from the count and set aside to clarify their validity. Discarded Ballot in Election Law Ballot paper issued to a voter and recorded as such but not placed in the ballot box. For […]

Political Rights of Prisoners

Suspension of the Political Rights of Prisoners In relation to the suspension of the political rights of prisoners and constitutional law, Pablo Marshall[1] made the following observation: The suspension of political rights refers to the temporary loss of rights to political participation […]

Judicial Review of Legislation

IC Golak Nath and Others Case (India) In relation to the ic golak nath and others case (india) and constitutional law, Arghya Sengupta[1] made the following observation: IC Golak Nath and Others v State of Punjab and Another (1967) (India) (' Golak Nath ') is widely recognized as […]

Legal Effect of Constitutions

In relation to the legal effect of constitutions and constitutional law, Elena Bindi and Mario Perini[1] made the following observation: Legal effect refers to the different legal effects that constitutional norms may generate in a specific legal system. These are distinguished from the […]

Federal Courts

Civil Procedure and the Federal Courts: Main Elements The coverage of Civil Procedure and the Federal Courts includes the following main elements: Summary Judgment For detailed information on this issue, please read the corresponding entry. The Trial Please, refer to the appropiate entry […]

Federal Constitutional Courts

Federal Constitutional Court of Germany (Bundesverfassungsgericht) In relation to the federal constitutional court of germany (bundesverfassungsgericht) and constitutional law, Dieter Grimm[1] made the following observation: The Federal Constitutional Court of Germany ('FCC') has […]

Parliamentary Committees

In relation to the parliamentary committees and constitutional law, Helle Krunke[1] made the following observation: In order to apply a global comparative perspective on 'parliamentary committees', a broad definition of the term is needed. From the outset, inspiration can be found […]

Right to Security

In relation to the right to security and constitutional law, Liora Lazarus[1] made the following observation: The right to security has a variety of manifestations. At the outset, it is important to distinguish the moral, political, theoretical or polemical statements made about the right […]

Supranational Constitutional Courts

In relation to the supranational constitutional courts and constitutional law, Federico Fabbrini and Miguel Poiares Maduro[1] made the following observation: A defining feature of the contemporary world is the existence of a plurality of courts and tribunals tasked to adjudicate disputes […]

Right to Life

Roe v Wade Case (US) In relation to the roe v wade case (United States) and constitutional law, Merle H Weiner[1] made the following observation: 1 Roe v Wade is a landmark case in US constitutional law. The case both established abortion as a federal constitutional right and reflected a […]

Parliamentary Systems

In relation to the parliamentary systems and constitutional law, Rainer Grote[1] made the following observation: The term 'parliamentary system' forms part of a dichotomy widely used in political science in order to categorize the main forms of democratic government. From this […]

Weimar Constitution

Weimar Constitution (1919) In relation to the weimar constitution (1919) and constitutional law, Astrid Wiik[1] made the following observation: 'Weimar Constitution' is the abbreviated name for the Constitution of the German Reich of 11 August 1919 (hereinafter 'Weimar […]

Hate Speech

In relation to the hate speech and constitutional law, Uladzislau Belavusau[1] made the following observation: 'Hate speech' consists of verbal or non-verbal communication that involves hostility directed towards particular social groups, most often on the grounds of race and […]

Existing Rights

R v Sparrow Case (Canada) In relation to the R v Sparrow case (Canada) and constitutional law, Geneviève Murray[1] made the following observation: R v Sparrow [1990] 1 SCR 1075 (Canada) (' Sparrow ') marks the first case decided by the Supreme Court of Canada (Cour suprême du […]

Supreme Courts

Supreme Court of Argentina (Corte Suprema de Justicia de la Nación) In relation to the supreme court of argentina (corte suprema de justicia de la nación) and constitutional law, José Sebastián Elias[1] made the following observation: The Supreme Court of […]

Right to A Fair Hearing

Right to a Fair Hearing in Administrative Law Cases In relation to the right to a fair hearing in administrative law cases and constitutional law, Swati Jhaveri[1] made the following observation: The genesis of the requirement of a fair hearing in administrative law cases can be traced […]

Judicial Systems in Federal Systems

In relation to the judicial systems in federal systems and constitutional law, Gabrielle Appleby and Erin F Delaney[1] made the following observation: Federalism, as AV Dicey explained, implies 'the predominance of legalism or, in other words, a general willingness to yield to the […]

Bioethics

In relation to the bioethics and constitutional law, Fruzsina Molnár-Gábor[1] made the following observation: Bioethics is a discipline concerned with studying and resolving challenges within the life sciences as understood in a broad sense. Its most important aim is to monitor […]

Judicial Review of Federal Laws

Lüth Case (Germany) In relation to the lüth case (Germany) and constitutional law, Stephan Jaggi[1] made the following observation: The Federal Constitutional Court of Germany's (Bundesverfassungsgericht) (BVerfG) Lüth decision of 15 January 1958 must be viewed against the historical […]