A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, determine 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; some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom; some constitutions codified constitutions act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
The Constitution of India is the longest written constitution of any country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version. The Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, a total of 3,814 words; the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. The term was used in canon law for an important determination a decree issued by the Pope, now referred to as an apostolic constitution; every modern written constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abide by the said constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "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".
Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power". For example, a students' union may be prohibited as an organization from engaging in activities not concerning students. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation, found to be beyond power will be "invalid" and of no force. In this context, "within power", intra vires, "authorized" and "valid" have the same meaning. In most but not all modern states the constitution has supremacy over ordinary statutory law, it was never "law" though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.
Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional; the remedy for such violations have been petitions for common law writs, such as quo warranto. Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC; the earliest prototype for a law of government, this document itself has not yet been discovered. For example, it is known that it relieved tax for widows and orphans, protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws; the oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur. Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.
In 621 BC, a scribe named. In 594 BC, the ruler of Athens, created the new Solonian Constitution, it eased the burden of the workers, determined that membership of the ruling class was to be based on wealth, rather than by birth. Cleisthenes again
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order initiated by the debtor. Bankruptcy is not the only legal status that an insolvent person may have, the term bankruptcy is therefore not a synonym for insolvency. In some countries, such as the United Kingdom, bankruptcy is limited to individuals. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used for cases of fraudulent bankruptcy, whereas the term faillite is used for bankruptcy in accordance with the law; the word bankruptcy is derived from Italian banca rotta, meaning "broken bench", which may stem from a widespread custom in the Republic of Genoa of breaking a moneychanger's bench or counter to signify their insolvency, or which may be only a figure of speech. In Ancient Greece, bankruptcy did not exist.
If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery", until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime under harsher conditions. An exception to this rule was Athens; the Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency. Bankruptcy is documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times. A failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557, 1560, 1575 and 1596. According to Kenneth S. Rogoff, "Although the development of international capital markets was quite limited prior to 1800, we catalog the various defaults of France, Prussia and the early Italian city-states.
At the edge of Europe, Egypt and Turkey have histories of chronic default as well." The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodeling of the financial and organizational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of the business. For private households, some argue that it is insufficient to dismiss debts after a certain period, it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. It has been stressed that debt advice, a supervised rehabilitation period, financial education and social help to find sources of income and to improve the management of household expenditures must be provided during this period of rehabilitation. In most EU Member States, debt discharge is conditioned by a partial payment obligation and by a number of requirements concerning the debtor's behavior.
In the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system; the Other Member States do not provide the option of a debt discharge. Spain, for example, passed a bankruptcy law in 2003 which provides for debt settlement plans that can result in a reduction of the debt or an extension of the payment period of maximally five years, but it does not foresee debt discharge. In the US, it is difficult to discharge federal or federally guaranteed student loan debt by filing bankruptcy. Unlike most other debts, those student loans may be discharged only if the person seeking discharge establishes specific grounds for discharge under the Brunner test, under which the court evaluates three factors: If required to repay the loan, the borrower cannot maintain a minimal standard of living. If a debtor proves all three elements, a court may permit only a partial discharge of the student loan. Student loan borrowers may benefit from restructuring their payments through a Chapter 13 bankruptcy repayment plan, but few qualify for discharge of part or all of their student loan debt.
Bankruptcy fraud is a white-collar crime. While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, fee fixing or redistribution arrangements. Falsifications on bankruptcy forms constitute perjury. Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U. S. bankruptcy fraud statutes are focused on the mental state of particular actions. Bankruptcy fraud is a federal crime in the United States. Bankruptcy fraud should be distinguished from strategic bankruptcy, not a criminal act since it creates a real bankruptcy state. Howeve
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies. In all countries, newly enacted statutes are published in a Government gazette, distributed so that everyone can look up the statutory law. A universal problem encountered by lawmakers throughout human history is how to organize published statutes; such publications have a habit of starting small but growing over time, as new statutes are enacted in response to the exigencies of the moment. Persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect; the solution adopted in many countries is to organize existing statutory law in topical arrangements within publications called codes ensure that new statutes are drafted so that they add, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction.
In many nations statutory law is subordinate to constitutional law. The term statute is used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. Statute is another word for law; the term was adapted from England in about the 18th century. In the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state; the autonomies statutes in Spain have the rank of "Ley Organica", a category of special laws reserved only for the main institutions and issues and mentioned in the Constitution. Leyes Organicas rank between ordinary laws; the name was chosen, among others. In biblical terminology, statute refers to a law given without any justification; the classic example is the statute regarding the Red Heifer. The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested".
That which upholds, supports or maintains the regulatory order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian religion. Constitution Legislation Legislature Organic statute Statutory law Super statute
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