1.
Constitution of India
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The Constitution of India is the supreme law of India. It is the longest written constitution of any country in the world. The nation is governed by it, B. R. Ambedkar is regarded as its chief architect. It was adopted by the Constituent Assembly on 26 November 1949, with its adoption, the Union of India became the modern and contemporary Republic of India replacing the Government of India Act,1935 as the countrys fundamental governing document. To ensure constitutional autochthony, the framers of the repealed the prior Acts of the British Parliament via Article 395 of the constitution. India celebrates its coming into force on 26 January each year and it declares India a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The major portion of the Indian subcontinent was under British rule from 1857 to 1947, when the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a democratic republic. The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. Articles 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393 and 394 of the Constitution came into force on 26 November 1949 and it is drawn from many sources. Keeping in mind the needs and conditions of India its framers borrowed different features freely from previous legislation viz and it was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389 member Constituent Assembly took almost three years to complete its task of drafting the Constitution for independent India, during which. Of these,114 days were spent on the consideration of the draft Constitution, on 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a draft Constitution for India, while deliberating upon the draft Constitution, the assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C, there were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi, the Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gurung represented the Gorkha Community, prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur, the first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha
2.
Parliamentary procedure
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Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies. In the United States, parliamentary procedure is referred to as parliamentary law, parliamentary practice, legislative procedure. At its heart is the rule of the majority with respect for the minority and its object is to allow deliberation upon questions of interest to the organization and to arrive at the sense or the will of the assembly upon these questions. Self-governing organizations follow parliamentary procedure to debate and reach group decisions—usually by vote—with the least possible friction, Rules of order consist of rules written by the body itself, but also usually supplemented by a published parliamentary authority adopted by the body. The term gets its name from its use in the system of government. In the 16th and 17th century, there were rules of order in the early Parliaments of England, in the 1560s Sir Thomas Smyth began the process of writing down accepted procedures and published a book about them for the House of Commons in 1583. In Canada, for example, Parliament uses House of Commons Procedure, the rules of the United States Congress were developed from the parliamentary procedures used in Britain. The American parliamentary procedures are followed in nations, including Indonesia. The procedures of the Diet of Japan have moved away from the British parliamentary model, in Occupied Japan, there were efforts to bring Japanese parliamentary procedures more in line with American congressional practices. In Japan, informal negotiations are more important than formal procedures, voting determines the will of the assembly. While each assembly may create their own set of rules, these tend to be more alike than different. A common practice is to adopt a standard book on parliamentary procedure. A parliamentary structure conducts business through motions, which cause actions, members bring business before the assembly by introducing main motions, or dispose of this business through subsidiary motions and incidental motions. Parliamentary procedure also allows for rules in regards to nomination, voting, disciplinary action, appeals, dues, and the drafting of organization charters, constitutions, the most common procedural authority in use in the United States is Roberts Rules of Order. Other authorities include The Standard Code of Parliamentary Procedure and Demeters Manual of Parliamentary Law, a common text in use in the UK, particularly within trade unions, is Lord Citrines ABC of Chairmanship. In English-speaking Canada, popular authorities include Kerr & Kings Procedures for Meeting, the Conservative Party of Canada uses Wainbergs Society meetings including rules of order to run its internal affairs. In French-speaking Canada, commonly used rules of order for ordinary societies include Victor Morins Procédures des assemblées délibérantes, legislative assemblies in all countries, because of their nature, tend to have a specialized set of rules that differ from parliamentary procedure used by clubs and organizations. In the United Kingdom, Thomas Erskine Mays Treatise on the Law, Privileges, Proceedings and Usage of Parliament is the authority on the powers
3.
Robert's Rules of Order
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Roberts Rules of Order Newly Revised, commonly referred to as Robert’s Rules of Order, is the most widely-used manual of parliamentary procedure in America. The manual was first published in 1876 by U. S. Army officer Henry Martyn Robert, ten subsequent editions have been published, including major revisions in 1915 and 1970. The copyright to Roberts Rules of Order Newly Revised is owned by the Roberts Rules Association, the 11th and current edition was published in 2011. In 2005, the Roberts Rules Association published a concise guide. A second edition of the book was published in 2011. The procedures prescribed by the book were loosely modeled after those used in the United States House of Representatives, although he was in the military, the rules in his book were not based on military rules. He eventually became convinced of the need for a new manual on the subject, by this time Robert had long been retired from the Army with the rank of brigadier general. The revisions were based on the feedback from hundreds of letters that Robert had received through the years, through a family trust, and later through the Roberts Rules Association, several subsequent editions of Roberts Rules of Order have been published, including another major revision of the work. The Seventh Edition, published in February 1970 on the 94th anniversary of the publication of the First Edition, was the first under the title Roberts Rules of Order Newly Revised. The subsequent editions were based on feedback from users, including feedback received by electronic means in recent years. These later editions included material from Roberts Parliamentary Practice and Parliamentary Law, the current edition of the series became effective on September 23,2011 under the title Roberts Rules of Order Newly Revised, Eleventh Edition. More than five and a million copies have been printed. The following table list the official versions of the body of known as Roberts Rules of Order developed by Henry M. Robert. As a result, a book was developed. A second edition of this guide was published in 2011 to conform with the current Eleventh Edition of Roberts Rules of Order Newly Revised. The In Brief book is the only authorized concise guide for Roberts Rules of Order Newly Revised and is intended as a book for those unfamiliar with parliamentary procedure. The authors say, In only twenty minutes, the reader can learn the bare essentials. It is meant to be a supplement to the current edition of Roberts Rules of Order Newly Revised and is not suitable for adoption as a parliamentary authority in itself
4.
France
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France, officially the French Republic, is a country with territory in western Europe and several overseas regions and territories. The European, or metropolitan, area of France extends from the Mediterranean Sea to the English Channel and the North Sea, Overseas France include French Guiana on the South American continent and several island territories in the Atlantic, Pacific and Indian oceans. France spans 643,801 square kilometres and had a population of almost 67 million people as of January 2017. It is a unitary republic with the capital in Paris. Other major urban centres include Marseille, Lyon, Lille, Nice, Toulouse, during the Iron Age, what is now metropolitan France was inhabited by the Gauls, a Celtic people. The area was annexed in 51 BC by Rome, which held Gaul until 486, France emerged as a major European power in the Late Middle Ages, with its victory in the Hundred Years War strengthening state-building and political centralisation. During the Renaissance, French culture flourished and a colonial empire was established. The 16th century was dominated by civil wars between Catholics and Protestants. France became Europes dominant cultural, political, and military power under Louis XIV, in the 19th century Napoleon took power and established the First French Empire, whose subsequent Napoleonic Wars shaped the course of continental Europe. Following the collapse of the Empire, France endured a succession of governments culminating with the establishment of the French Third Republic in 1870. Following liberation in 1944, a Fourth Republic was established and later dissolved in the course of the Algerian War, the Fifth Republic, led by Charles de Gaulle, was formed in 1958 and remains to this day. Algeria and nearly all the colonies became independent in the 1960s with minimal controversy and typically retained close economic. France has long been a centre of art, science. It hosts Europes fourth-largest number of cultural UNESCO World Heritage Sites and receives around 83 million foreign tourists annually, France is a developed country with the worlds sixth-largest economy by nominal GDP and ninth-largest by purchasing power parity. In terms of household wealth, it ranks fourth in the world. France performs well in international rankings of education, health care, life expectancy, France remains a great power in the world, being one of the five permanent members of the United Nations Security Council with the power to veto and an official nuclear-weapon state. It is a member state of the European Union and the Eurozone. It is also a member of the Group of 7, North Atlantic Treaty Organization, Organisation for Economic Co-operation and Development, the World Trade Organization, originally applied to the whole Frankish Empire, the name France comes from the Latin Francia, or country of the Franks
5.
Constitution of the Fifth Republic
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The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then the constitution has been amended twenty-four times, most recently in 2008 and it provides for the election of the President and the Parliament, the selection of the Government, and the powers of each and the relations between them. It ensures judicial authority and creates a High Court, a Constitutional Council, and it was designed to create a politically strong President. It enables the ratification of treaties and those associated with the European Union. It is unclear whether the wording is compatible with European Union law, the Constitution also sets out methods for its own amendment either by referendum or through a Parliamentary process with Presidential consent. However, president Charles de Gaulle bypassed the legislative procedure in 1962 and directly sent an amendment to a referendum. This was highly controversial at the time, however, the Constitutional Council ruled that since a referendum expressed the will of the sovereign people, on 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. Prior to 1971, though executive, administrative and judicial decisions had to comply with the principles of law. It was assumed that unelected judges and other appointees should not be able to overrule laws voted for by the directly elected French parliament, in practice, the political opposition sends all controversial laws before it. The Constitution defines in Article 89 the rules for amending itself, first, a constitutional bill must be approved by both houses of Parliament. Then, the bill must be approved by the Congress, a joint session of both houses, alternatively, the bill can be submitted to a referendum. This permitted the establishment of an elected presidency, that would otherwise have been vetoed by the Parliament. Article 11 was used for changes for the second and last time in 1969. France has had numerous past constitutions, the ancien régime was an absolute monarchy and lacked a formal constitution, the régime essentially relied on custom. Journal Officiel de la République Française, 9151–9173, lélaboration de la Constitution de la Ve République. Frédéric Monera, Lidée de République et la jurisprudence du Conseil constitutionnel – Paris, martin A. Rogoff, French Constitutional Law, Cases and Materials – Durham, North Carolina, Carolina Academic Press,2010. Texte intégral de la Constitution du 4 octobre 1958 en vigueur, Constitutional council of the French Republic
6.
Constitutional Council of France
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The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 and this article refers extensively to individual articles in the Constitution of France. The reader should refer to the translation of the Constitution on the site of the French National Assembly. Another recommended reading is the Constitutional Council overview on the Council web site, the Government of France consists of an executive branch, a legislative branch, and a judicial branch. For historical reasons there has long been a hostility to having anything resembling a Supreme Court—that is, whether the Council is a court is a subject of academic discussion, but some scholars consider it the supreme court of France. Article 34 of the Constitution exhaustively lists the areas reserved for statute law, any regulation issued by the executive in the areas constitutionally reserved for statute law is unconstitutional unless it has been authorized as secondary legislation by a statute. Any citizen with an interest in the case can obtain the cancellation of these regulations by the Council of State, furthermore, the Council of State can quash regulations on grounds that they violate existing statute law, constitutional rights or the general principles of law. In addition, new acts can be referred to the Constitutional Council by a petition just prior to being signed into law by the President of the Republic. The most common circumstance for this is that 60 opposition members of the National Assembly, if the Prime Minister thinks that some clauses of existing statute law instead belong to the domain of regulations, he can also ask the Council to reclassify these clauses as regulations. Traditionally, France refused to accept the idea that courts could quash legislation enacted by Parliament, French courts were then prohibited from making rulings of a general nature. Yet, in the late 20th century, courts, especially courts, began applying the consequences of international treaties, including law of the European Union. A2009 reform, effective on 1 March 2010, enables parties to a lawsuit or trial to question the constitutionality of the law that is being applied to them, the supreme court collects such referrals and submits them to the Constitutional Council. If the Constitutional Council rules a law to be unconstitutional, this law is struck down from the law books, the Council has two main areas of power, The first is the supervision of elections, both presidential and parliamentary and ensuring the legitimacy of referendums. They issue the official results, they ensure proper conduct and fairness, the Council is the supreme authority in these matters. The Council can declare an election to be invalid if improperly conducted, or if the elected candidate used illegal methods, the second area of Council power is the interpretation of the fundamental meanings of the constitution, procedure, legislation, and treaties. It also may declare laws to be in contravention of treaties which France has signed and their declaring that a law is contrary to constitutional or treaty dispositions renders it invalid. The Council also may impose reservations as to the interpretation of certain provisions in statutes, the decisions of the Council are binding on all authorities. In some cases, examination of laws by the Council is compulsory, organic bills, those which fundamentally affect government and treaties, need to be assessed by the Council before they are considered ratified
7.
Declaration of the Rights of Man
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Not to be confused with Declaration of the Rights of Man and Citizen of 1793, a second declaration, written in 1793 but never formally adopted. The Declaration was directly influenced by Thomas Jefferson, working with General Lafayette, influenced also by the doctrine of natural right, the rights of man are held to be universal, valid at all times and in every place, pertaining to human nature itself. It became the basis for a nation of free individuals protected equally by law and it is included in the preamble of the constitutions of both the Fourth French Republic and Fifth Republic and is still current. The content of the document emerged largely from the ideals of the American Revolution, in August 1789, Honoré Mirabeau played a central role in conceptualizing and drafting the Declaration of the Rights of Man and of the Citizen. The draft was modified during the debates. A second and lengthier declaration, known as the Declaration of the Rights of Man and Citizen of 1793, was written in 1793 but never formally adopted. As can be seen in the texts, the French declaration is heavily influenced by the philosophy of the Enlightenment, by Enlightenment principles of human rights. Declaration of Independence which preceded it, Thomas Jefferson—the primary author of the U. S. Declaration of Independence—was at the time in France as a U. S. diplomat, in the ratification by the states of the U. S. Constitution in 1788, critics had demanded a written Bill of Rights, in response, James Madisons proposal for a U. S. Bill of Rights was introduced in New York on 8 June 1789,11 weeks before the French declaration. Considering the 6 to 8 weeks it took news to cross the Atlantic, but, as Lafebvre notes, both texts emerged from the same shared intellectual heritage. The same people took part in shaping both documents, Lafayette admired Jefferson, and Jefferson in turn found Lafayette useful, writing in 1787 that Lafayette was a most valuable auxiliary to me and his zeal is unbounded, & his weight with those in power, great. The declaration is in the spirit of secular law, which does not base itself on religious doctrine or authority, in contrast with traditional natural law theory. The declaration defines a set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal, for example, Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good and they have certain natural rights to property, to liberty, and to life. According to this theory, the role of government is to recognize, furthermore, government should be carried on by elected representatives. At the time of writing, the contained in the declaration were only awarded to men
8.
French Fourth Republic
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The French Fourth Republic was the republican government of France between 1946 and 1958, governed by the fourth republican constitution. It was in ways a revival of the Third Republic, which was in place before World War II. France adopted the constitution of the Fourth Republic on 13 October 1946, the greatest accomplishments of the Fourth Republic were in social reform and economic development. In 1946, the government established a social security system that assured unemployment insurance, disability and old-age pensions. Moreover, the government proved unable to make decisions regarding decolonization of the numerous remaining French colonies. After a series of crises, most importantly the Algerian crisis of 1958, wartime leader Charles de Gaulle returned from retirement to preside over a transitional administration which was empowered to design a new French constitution. The Fourth Republic was dissolved by a referendum on 5 October 1958 which established the modern-day Fifth Republic with a strengthened presidency. After the liberation of France in 1944, the Vichy government was dissolved, Charles de Gaulle led the GPRF from 1944 to 1946. Meanwhile, negotiations took place over the new constitution, which was to be put to a referendum. De Gaulle advocated a system of government, and criticized the reinstatement of what he pejoratively called the parties system. He resigned in January 1946 and was replaced by Félix Gouin, the new constituent assembly included 166 MRP deputies,153 PCF deputies and 128 SFIO deputies, giving the tripartite alliance an absolute majority. Georges Bidault replaced Félix Gouin as the head of government, a new draft of the Constitution was written, which this time proposed the establishment of a bicameral form of government. Léon Blum headed the GPRF from 1946 to 1947, after a new legislative election in June 1946, the Christian democrat Georges Bidault assumed leadership of the Cabinet. This culminated in the establishment in the year of the Fourth Republic. The President of the Republic was given a symbolic role, although he remained chief of the French Army. The wartime damage was extensive and expectations of large reparations from defeated Germany largely failed, the United States helped revive the French economy with the Marshall Plan, 1948-1951, whereby it gave France $2.3 billion with no repayment. France was the second largest recipient after Britain, the total of all American grants and credits to France from 1946 to 1953, amounted to $4.9 billion. The terms of the Marshall Plan required a modernization of French industrial and managerial systems, free trade, after the expulsion of the Communists from the governing coalition, France joined the Cold War against Stalin, as expressed by becoming a founding member of NATO in April 1949
9.
Constitution Act, 1867
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The Constitution Act,1867, is a major part of Canadas Constitution. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution, however, amendments were also made at this time, section 92A was added, giving provinces greater control over non-renewable natural resources. This description of the Constitution has proven important in its interpretation, in New Brunswick Broadcasting Co. v. Nova Scotia, the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on the preamble. Political scientist Rand Dyck has criticized the preamble, saying it is out of date. He claims the Constitution Act,1867 lacks an inspirational introduction, the preamble to the Constitution Act,1867 is not the Constitution of Canadas only preamble. The Charter also has a preamble, Part I consists of just two sections. Section 1 gives the title of the law as The British North America Act,1867. Section 2 indicates that all references to the Queen equally apply to all her heirs and successors, the British North America Act,1867 established the Dominion of Canada by fusing the North American British Provinces of Canada, New Brunswick, and Nova Scotia. Section 3 establishes that the union would take effect six months of passage of the Act. Section 5 lists the four provinces of the new federation, Section 7 confirms that the boundaries of Nova Scotia and New Brunswick were not changed. And Section 8 provides that a census of all provinces must be held every ten years. Section 9 confirms that all executive powers remain with the Crown, as represented by a general or an administrator of the government. Section 11 creates the Queens Privy Council for Canada, Section 13 defines the Governor-General in Council as the governor-general acting with the advice of the privy council. Section 14 allows the general to appoint deputies to exercises his powers in various parts of Canada. The commander-in-chief of all armed forces in Canada continues with the Crown under Section 15. Section 16 declares Ottawa the capital of the new federation, the Parliament of Canada, composed of the Crown and two houses is created by section 17. Section 18 defines the powers and privileges of the parliament as being no greater than those of the British parliament, at the time of the Union, there were 72 senators, equally divided between three regions Ontario, Quebec, and the Maritime Provinces. Section 23 lays out the qualifications to become a senator, senators are appointed by the governor general under section Section 24, and the first group of senators was proclaimed under section 25
10.
Supreme Court of Canada
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The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, the creation of the court was provided for by the British North America Act,1867, renamed in 1982 the Constitution Act,1867. The first bills for the creation of a supreme court, introduced in the Parliament of Canada in 1869. It was not until 8 April 1875 that a bill was passed providing for the creation of a Supreme Court of Canada. Prior to 1949, however, the Supreme Court did not constitute the court of last resort, as well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court of Canada formally became the Court of last resort for criminal appeals in 1933, the last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the court was mirrored by the numbers of its members, the court was established first with six judges, and these were augmented by an additional member in 1927. It was in 1949 that the bench reached its current composition, prior to 1949, most of the appointees to the Supreme Court of Canada owed their position to political patronage. Each judge had strong ties to the party in power at the time of their appointment, in 1973, the appointment of a constitutional law professor, Bora Laskin, as chief justice represented a major turning point for the court. Increasingly in this period, appointees either came from backgrounds or were well-respected practitioners with several years experience in appellate courts. Laskins federalist and liberal views were shared by Prime Minister Pierre Trudeau, the evolution from the Dickson court through to the Lamer court witnessed a continuing vigour in the protection of civil liberties. Lamers criminal law background proved an influence on the number of cases heard by the court during his time as chief justice. Nonetheless, the Lamer court was more conservative with charter rights, the appointment of Beverly McLachlin as chief justice in 2000 has resulted in a more centrist and unified court. Dissenting and concurring opinions are fewer than during the Dickson and Lamer Courts, with the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the worlds most gender-balanced national high court, four of its nine members being female. Justice Marie Deschamps retirement on 7 August 2012 caused the number to fall to three, the appointment of Suzanne Côté on 1 December 2014 restored the number of female justices to four. At the next level are the provinces and territories superior courts, judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts also exist, the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts jurisdiction is limited by statute. In all there are over 1,000 federally appointed judges at various levels across Canada, the Supreme Court of Canada rests at the apex of the judicial pyramid
11.
Provincial Judges Reference
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The Provincial Judges Reference 3 S. C. R. 3 is an opinion of the Supreme Court of Canada in response to a reference question regarding remuneration. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution, the majority opinion established that independent compensation commissions are required to help set salaries free of political manipulation. However, the reference has been subject to harsh published criticisms, the reference was the amalgamation of three different sets of challenges to the impartiality and independence of provincial court judges in Manitoba, Prince Edward Island, and Alberta. In Prince Edward Island and Manitoba, the salaries of judges were lowered along with those of civil servants to help combat deficits. In Prince Edward Island, various challenges of the consequent independence were raised by defendants. Only one reference resulted in a finding of dependence, namely for lack of security of tenure. In Manitoba, the pay cut was challenged directly by a judges association. Meanwhile, in Alberta, cuts to judicial salaries were challenged by defendants, concerns in Alberta were also raised by Alberta Premier Ralph Klein saying on the radio that a certain judge should be very, very quickly fired. The judge had threatened to stop working due to his belief that his salary was insufficient. One problem identified was that the independence of judges was not protected as extensively as the federal judges were under sections 96 to 100 of the Constitution Act,1867. The majority read section 11 as only protecting independence in the exercise of jurisdiction in relation to offence, however, section 11 is not a broad or exhaustive code. Instead, the Court looked to constitutional norms and found that judicial independence was one such norm implied by the preamble to the Constitution, the Act of Settlement of 1701 was particularly important for independence. The Supreme Court had previously reached this conclusion in Beauregard v. Canada, the Constitution could adapt to changing circumstances in this regard. The Court turned back to examine section 11 and from precedent, the Queen, identified three fundamental requirements of judicial independence, 1) security of tenure, 2) financial security, and 3) some administrative independence. As well, judicial independence can be divided into two types of independence, 1) individual independence belonging to a judge and 2) institutional independence of a court as a whole, a judge must also be reasonably seen as being independent. This discussion would go beyond Valente, since that decision only treated financial security as a matter of individual independence, the Court emphasized that the role of institutional independence has become expected of provincial courts due to their increased role in dispute resolution in the country
12.
India
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India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and it is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, in the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives. Indias Andaman and Nicobar Islands share a border with Thailand. The Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE, in the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, early political consolidations took place under the Maurya and Gupta empires, the later peninsular Middle Kingdoms influenced cultures as far as southeast Asia. In the medieval era, Judaism, Zoroastrianism, Christianity, and Islam arrived, much of the north fell to the Delhi sultanate, the south was united under the Vijayanagara Empire. The economy expanded in the 17th century in the Mughal empire, in the mid-18th century, the subcontinent came under British East India Company rule, and in the mid-19th under British crown rule. A nationalist movement emerged in the late 19th century, which later, under Mahatma Gandhi, was noted for nonviolent resistance, in 2015, the Indian economy was the worlds seventh largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, a nuclear weapons state and regional power, it has the third largest standing army in the world and ranks sixth in military expenditure among nations. India is a constitutional republic governed under a parliamentary system. It is a pluralistic, multilingual and multi-ethnic society and is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindu, the latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi, which translates as The people of the Indus, the geographical term Bharat, which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. Scholars believe it to be named after the Vedic tribe of Bharatas in the second millennium B. C. E and it is also traditionally associated with the rule of the legendary emperor Bharata. Gaṇarājya is the Sanskrit/Hindi term for republic dating back to the ancient times, hindustan is a Persian name for India dating back to the 3rd century B. C. E. It was introduced into India by the Mughals and widely used since then and its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety
13.
Constitution of Bosnia and Herzegovina
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The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, the Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. The Preamble states, among other things, the commitment of Bosnia and Herzegovina to freedom, equality, tolerance,1948 Convention on the Prevention and Punishment of the Crime of Genocide 2. 1949 Geneva Conventions I-IV on the Protection of the Victims of War,1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto 4. 1957 Convention on the Nationality of Married Women 5,1961 Convention on the Reduction of Statelessness 6. 1965 International Convention on the Elimination of All Forms of Racial Discrimination 7,1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto 8. 1966 Covenant on Economic, Social and Cultural Rights 9,1979 Convention on the Elimination of All Forms of Discrimination against Women 10. 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 11,1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 12. 1989 Convention on the Rights of the Child 13,1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 14. 1992 European Charter for Regional or Minority Languages 15, the Constitution also states that no amendment to the Constitution can eliminate or diminish any of the rights and freedoms referred to in Article II of the Constitution. The Constitutional Court of Bosnia and Herzegovina has made several decisions in the interpretation of these provisions. However, the Constitutional Court of Bosnia and Herzegovina declined this position in its decision number U-5/04, the Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, sejdić and Finci v. Bosnia and Herzegovina The Constitution of Bosnia and Herzegovina
14.
Treaty establishing a Constitution for Europe
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The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union. The Treaty was signed on 29 October 2004 by representatives of the then 25 member states of the European Union and it was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg. However the rejection of the document by French and Dutch voters in May, following a period of reflection, the Treaty of Lisbon was created to replace the Constitutional Treaty. This contained many of the changes that were placed in the Constitutional Treaty but was formulated as amendments to the existing treaties. Signed on 13 December 2007, the Lisbon Treaty entered into force on 1 December 2009, the drafting for European Constitution began in a call for a new debate on the future of Europe at the Laeken European Council in December 2001. Giscard dEstaing proposed to draft a Constitution, romano Prodi, the President of the European Commission backed a draft text, called the Penelope Project, which contained a deeper integration of the countries and a clearer institutional model. The Treaty establishing a Constitution for Europe was signed in Rome on 29 October 2004 by 53 senior political figures from the 25 member states of the European Union. In most cases heads of state designated plenipotentiaries to sign the treaty, most designated plenipotentiaries were prime ministers and foreign ministers. On 12 January 2005 the European Parliament voted a legally non-binding resolution in support of the Constitution by 500 votes in favour to 137 votes against, before an EU treaty can enter into force, it must be ratified by all member states. Ratification takes different forms in each country, depending on its traditions, constitutional arrangements, most member states ratify EU treaties following parliamentary votes, while some — notably Ireland and Denmark — sometimes hold referendums. As a reaction to what was seen as the nature of the Constitution, many advocates. On 20 April 2004 then British prime minister Tony Blair unexpectedly announced an intention to hold a referendum, Spain was the first country to hold a referendum on the Constitution. On 20 February 2005, Spanish voters backed the treaty with 76% voting in favour to 24% against, on 29 May 2005 the French public rejected the Constitution by margin of 55% to 45% on a turnout of 69%. Just three days later, the Dutch rejected the constitution by a margin of 61% to 39% on a turnout of 62%, notwithstanding the rejection in France and the Netherlands, Luxembourg held a referendum on 10 July 2005 approving the Constitution by 57% to 43%. It was the last referendum to be held on the Constitution as all of the member states that had proposed to hold referendums cancelled them. After the French and Dutch referendum results European leaders decided to hold a period of reflection on what to do next, as part of this reflection period a group of wise men was set up to consider possible courses of action. This group of high-level European politicians – former prime ministers, ministers and members of the European Commission – first met on 30 September 2006 in Rome, on 4 June 2007, this group, known as the Amato Group, presented its report. The new treaty would be based on the first and fourth parts of the Constitution, in the June 2007 European summit meeting, Member States agreed to abandon the constitution and to amend the existing treaties, which would remain in force
15.
Australia
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Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the worlds sixth-largest country by total area, the neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north, the Solomon Islands and Vanuatu to the north-east, and New Zealand to the south-east. Australias capital is Canberra, and its largest urban area is Sydney, for about 50,000 years before the first British settlement in the late 18th century, Australia was inhabited by indigenous Australians, who spoke languages classifiable into roughly 250 groups. The population grew steadily in subsequent decades, and by the 1850s most of the continent had been explored, on 1 January 1901, the six colonies federated, forming the Commonwealth of Australia. Australia has since maintained a liberal democratic political system that functions as a federal parliamentary constitutional monarchy comprising six states. The population of 24 million is highly urbanised and heavily concentrated on the eastern seaboard, Australia has the worlds 13th-largest economy and ninth-highest per capita income. With the second-highest human development index globally, the country highly in quality of life, health, education, economic freedom. The name Australia is derived from the Latin Terra Australis a name used for putative lands in the southern hemisphere since ancient times, the Dutch adjectival form Australische was used in a Dutch book in Batavia in 1638, to refer to the newly discovered lands to the south. On 12 December 1817, Macquarie recommended to the Colonial Office that it be formally adopted, in 1824, the Admiralty agreed that the continent should be known officially as Australia. The first official published use of the term Australia came with the 1830 publication of The Australia Directory and these first inhabitants may have been ancestors of modern Indigenous Australians. The Torres Strait Islanders, ethnically Melanesian, were originally horticulturists, the northern coasts and waters of Australia were visited sporadically by fishermen from Maritime Southeast Asia. The first recorded European sighting of the Australian mainland, and the first recorded European landfall on the Australian continent, are attributed to the Dutch. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken captained by Dutch navigator, Willem Janszoon. He sighted the coast of Cape York Peninsula in early 1606, the Dutch charted the whole of the western and northern coastlines and named the island continent New Holland during the 17th century, but made no attempt at settlement. William Dampier, an English explorer and privateer, landed on the north-west coast of New Holland in 1688, in 1770, James Cook sailed along and mapped the east coast, which he named New South Wales and claimed for Great Britain. The first settlement led to the foundation of Sydney, and the exploration, a British settlement was established in Van Diemens Land, now known as Tasmania, in 1803, and it became a separate colony in 1825. The United Kingdom formally claimed the part of Western Australia in 1828. Separate colonies were carved from parts of New South Wales, South Australia in 1836, Victoria in 1851, the Northern Territory was founded in 1911 when it was excised from South Australia
16.
Australian referendum, 1999 (Preamble)
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The Australian republic referendum held on 6 November 1999 was a two-question referendum to amend the Constitution of Australia. The second question, generally deemed to be far less important politically, for some years opinion polls had suggested that a majority of the electorate favoured a republic. Nonetheless, the referendum was defeated due to sustained opposition from monarchist groups. Australia is a monarchy under the Constitution of Australia adopted in 1901. Australian republicanism has persisted since colonial times, though for much of the 20th century, in the early 1990s, republicanism became a significant political issue. Australian Labor Party Prime Minister Paul Keating indicated a desire to instigate a republic in time for the Centenary of the Federation of Australia in 2001. The opposition Liberal-National Coalition, led by Alexander Downer, though less supportive of the republic plan, under John Howard, the Coalition won the 1996 Federal Election and set the Convention date for February 1998. The Australian Constitutional Convention 1998 debated the need for a change to the Constitution of Australia which would remove the monarchy from a role in Australian government, in principle agreement was reached by a majority of delegates for an Australian Republic. Following a series of votes, a proposal for a Bipartisan Appointment of the President Model for an Australian republic was endorsed by a majority of delegates who voted for or against the motion. The majority of analysis has advanced two main reasons for the defeat, First, Australians have traditionally been cautious about proposed constitutional change. In Sir Robert Menzies words, to get a vote from the Australian people on a referendum proposal is one of the labours of Hercules. Second, public opinion varied widely on the issue, and was not a positive or negative reaction. Many were older or from rural rather than urban areas, pragmatic monarchists who maintained that, whatever the argued weaknesses of the current system, it also had many strengths, following the motto of If it aint broke, dont fix it. Minimal change republicans who aimed to remove the monarchy, but otherwise maintain the current system as unchanged as possible, progressive republicans who wanted a popularly elected head of state. This was easily the smallest major group, but prominent in the debate, tactical voters, who took a long-term view and voted against their inclinations to avoid more radical changes in the future. Many traditional and pragmatic monarchists perceived a weight of inevitability and voted yes to the minimalist republic in order to avoid a more radical republic, many sentimental republicans voted no in the hope of a more radical or populist proposal winning a future referendum. As in all elections a certain proportion of the electorate remain unattached to either side, uncommitted swinging voters can be a decisive force in shaping election and referendum results, especially in countries where voting is compulsory. The process for change is seen as an important factor for the outcome in a referendum
17.
Preamble to the Constitution of India
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The hopes and aspirations of the people as well as the ideals before our nation are described in the preamble in clear words. It may be considered as the heart and soul of Constitution, the preamble can be referred to as the preface which highlights the entire Constitution. Nandalal Bose endorsed Beohar Rammanohar Sinhas artwork without any alteration whatsoever, as such, the page bears Beohar Rammanohar Sinhas short signature Ram in Devanagari lower-right corner. Nor can liberty and equality be divorced from fraternity, without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative, without fraternity, liberty and equality could not become a natural course of things. That the preamble is not a part of the Indian constitution was declared by the Supreme Court of India in BeruBari case therefore it is not enforceable in a court of law. In the 1995 case of Union Government Vs LIC of India also, as originally enacted the preamble described the state as a sovereign democratic republicrepublic. It means free from the control of any power and internally has a free government which is directly elected by the people. She allies in peace and war, the Popular sovereignty is also one of the basic structures of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives through elections held for the parliament, state legislature, people have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India, india’s membership of the commonwealth or of the United Nations does not impose any external limit on her sovereignty. The Commonwealth is an association of sovereign Nation. The term socialist here means democratic socialism i. e. achievement of goals through democratic, evolutionary. A mixed economy in which both Public sector and Private sector run together as two wheels of economic development and it include inclusive growth in socialism and welfare of society. Secular means the relationship between the government and the people which is determined according to constitution and law, by the 42nd Amendment in 1976, the term Secular was also incorporated in the Preamble. It does not uplift or degrade any particular religion, there is no such thing as a state religion for India. It stands for the right to freedom of religion for all citizens. The first part of the preamble “We, the people of India” and, the people of India elect their governments at all levels by a system of universal adult franchise, popularly known as one man one vote. Every citizen of India, Amendment years of age and above, every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, gender, Religious intolerance or education
18.
Constitution of the Philippines
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The Constitution of the Philippines is the constitution or supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12,1986 and was ratified by a plebiscite on February 2,1987. Three other constitutions have effectively governed the country in its history, the 1935 Commonwealth Constitution, the 1973 Constitution, ruling by decree during the early part of her tenure and as a president installed via the People Power Revolution, President Corazon C. Aquino issued Proclamation No. Often called the Freedom Constitution, this constitution was intended as a temporary constitution to ensure the freedom of the people. A constitutional assembly was called to draft a new constitution for the country. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, lino Brocka, a film director and political activist who was member of the Commission, walked out before the constitutions completion, and two other delegates dissented from the final draft. The Commission finished the draft on October 12,1986. The constitution was ratified by a plebiscite on February 2,1987. The Constitution contains a preamble and eighteen self-contained articles with a numbering that resets for every article. The preamble introduces the constitution and the source of sovereignty, the people and it follows the pattern in past constitutions, including an appeal to God. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, article 2 lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. S. Similar to U. S. jurisprudence and other common law jurisdictions, article 4 defines the citizenship of Filipinos. It enumerates two kinds of citizens, natural-born citizens and naturalized citizens, natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where citizenship is acquired through a blood relationship with Filipino citizens. Article 5 provides for the qualification to vote and for a system of the secrecy of the ballot and absentee voting, article 6 provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. Article 7 provides for a form of government where the executive power is vested on the President. It provides for the qualification, terms of office, election and it also provides for a Vice President and for the presidential line of succession. Article 8 vests the judicial power upon the Supreme Court and other courts as may be established by law
19.
Public domain
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The term public domain has two senses of meaning. Anything published is out in the domain in the sense that it is available to the public. Once published, news and information in books is in the public domain, in the sense of intellectual property, works in the public domain are those whose exclusive intellectual property rights have expired, have been forfeited, or are inapplicable. Examples for works not covered by copyright which are therefore in the domain, are the formulae of Newtonian physics, cooking recipes. Examples for works actively dedicated into public domain by their authors are reference implementations of algorithms, NIHs ImageJ. The term is not normally applied to situations where the creator of a work retains residual rights, as rights are country-based and vary, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a basis, and the absence of registration in a particular country, if required. Although the term public domain did not come into use until the mid-18th century, the Romans had a large proprietary rights system where they defined many things that cannot be privately owned as res nullius, res communes, res publicae and res universitatis. The term res nullius was defined as not yet appropriated. The term res communes was defined as things that could be enjoyed by mankind, such as air, sunlight. The term res publicae referred to things that were shared by all citizens, when the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the eighteenth century, instead of public domain they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law. The phrase fall in the domain can be traced to mid-nineteenth century France to describe the end of copyright term. In this historical context Paul Torremans describes copyright as a coral reef of private right jutting up from the ocean of the public domain. Because copyright law is different from country to country, Pamela Samuelson has described the public domain as being different sizes at different times in different countries. According to James Boyle this definition underlines common usage of the public domain and equates the public domain to public property. However, the usage of the public domain can be more granular. Such a definition regards work in copyright as private property subject to fair use rights, the materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival
20.
International Standard Book Number
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The International Standard Book Number is a unique numeric commercial book identifier. An ISBN is assigned to each edition and variation of a book, for example, an e-book, a paperback and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, the method of assigning an ISBN is nation-based and varies from country to country, often depending on how large the publishing industry is within a country. The initial ISBN configuration of recognition was generated in 1967 based upon the 9-digit Standard Book Numbering created in 1966, the 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108. Occasionally, a book may appear without a printed ISBN if it is printed privately or the author does not follow the usual ISBN procedure, however, this can be rectified later. Another identifier, the International Standard Serial Number, identifies periodical publications such as magazines, the ISBN configuration of recognition was generated in 1967 in the United Kingdom by David Whitaker and in 1968 in the US by Emery Koltay. The 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108, the United Kingdom continued to use the 9-digit SBN code until 1974. The ISO on-line facility only refers back to 1978, an SBN may be converted to an ISBN by prefixing the digit 0. For example, the edition of Mr. J. G. Reeder Returns, published by Hodder in 1965, has SBN340013818 -340 indicating the publisher,01381 their serial number. This can be converted to ISBN 0-340-01381-8, the check digit does not need to be re-calculated, since 1 January 2007, ISBNs have contained 13 digits, a format that is compatible with Bookland European Article Number EAN-13s. An ISBN is assigned to each edition and variation of a book, for example, an ebook, a paperback, and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, a 13-digit ISBN can be separated into its parts, and when this is done it is customary to separate the parts with hyphens or spaces. Separating the parts of a 10-digit ISBN is also done with either hyphens or spaces, figuring out how to correctly separate a given ISBN number is complicated, because most of the parts do not use a fixed number of digits. ISBN issuance is country-specific, in that ISBNs are issued by the ISBN registration agency that is responsible for country or territory regardless of the publication language. Some ISBN registration agencies are based in national libraries or within ministries of culture, in other cases, the ISBN registration service is provided by organisations such as bibliographic data providers that are not government funded. In Canada, ISBNs are issued at no cost with the purpose of encouraging Canadian culture. In the United Kingdom, United States, and some countries, where the service is provided by non-government-funded organisations. Australia, ISBNs are issued by the library services agency Thorpe-Bowker
21.
Sarajevo
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Sarajevo is the capital and largest city of Bosnia and Herzegovina, with a population of 275,524 in its current administrative limits. The Sarajevo metropolitan area, including Sarajevo Canton and East Sarajevo is home to 688,384 inhabitants, nestled within the greater Sarajevo valley of Bosnia, it is surrounded by the Dinaric Alps and situated along the Miljacka River in the heart of Southeastern Europe and the Balkans. Due to its long and rich history of religious and cultural variety and it is the only major European city to have a mosque, Catholic church, Orthodox church and synagogue within the same neighbourhood. Although settlement in the area back to prehistoric times, the modern city arose as an Ottoman stronghold in the 15th century. Sarajevo has attracted international attention several times throughout its history, in 1885, Sarajevo was the first city in Europe and the second city in the world to have a full-time electric tram network running through the city, following San Francisco. For nearly four years, from 1992 to 1996, the city suffered the longest siege of a city in the history of warfare during the Bosnian War. Sarajevo has been undergoing reconstruction, and is the fastest growing city in Bosnia. The travel guide series, Lonely Planet, has named Sarajevo as the 43rd best city in the world, in 2011, Sarajevo was nominated to be the European Capital of Culture in 2014 and will be hosting the European Youth Olympic Festival in 2019. The earliest known name for the large central Bosnian region of todays Sarajevo is Vrhbosna, Sarajevo is a slavicized word based on saray, the Turkish word for palace. The evo portion may come from the term saray ovası first recorded in 1455, the first mention of name Sarajevo was in 1507 letter written by Feriz Beg. The earliest is Šeher, which is the term Isa-Beg Ishaković used to describe the town he was going to build and it is a Turkish word meaning an advanced city of key importance which in turn comes from Persian, شهر shahr. As Sarajevo developed, numerous nicknames came from comparisons to other cities in the Islamic world, the most popular of these was European Jerusalem. Some argue that a correct translation of saray is government office or house. Saray is a word in Turkish for a palace or mansion. Sarajevo is located near the center of the triangular-shaped Bosnia-Herzegovina. It is situated 518 meters above sea level and lies in the Sarajevo valley, the valley itself once formed a vast expanse of greenery, but gave way to urban expansion and development in the post-World War II era. The city is surrounded by forested hills and five major mountains. The last four are known as the Olympic Mountains of Sarajevo
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Preamble". Encyclopædia Britannica. 22 (11th ed.). Cambridge University Press. p. 265.
