Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity. In its older sense, sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. There are two forms of sovereign immunity: immunity from suit immunity from enforcement. Immunity from suit means that neither a sovereign/head of state in person nor any in absentia or representative form can be a defendant or subject of court proceedings, nor in most equivalent forums such as under arbitration awards and tribunal awards/damages. Immunity from enforcement means that if a person succeeds in any way against their sovereign or state and the judgment may find itself without means of enforcement.
Separation of powers or natural justice coupled with a political status other than a totalitarian state dictates there be broad exceptions to immunity such as statutes which expressly bind the state and judicial review. Furthermore, sovereign immunity of a state entity may be waived. A state entity may waive its immunity by: prior written agreement instituting proceedings without claiming immunity submitting to jurisdiction as a defendant in a suit intervening in or taking any steps in any suit. In constitutional monarchies the sovereign is the historical origin of the authority which creates the courts, thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was expressed by the popular legal maxim rex non potest peccare, meaning "the king can do no wrong". There is no automatic Crown immunity in Australia and the Australian Constitution does not establish a state of unfettered immunity of the Crown in respect of the States and the Commonwealth.
The Constitution of Australia establishes items which the States and the Commonwealth legislate on independently of each other, in practice resulting in the States legislating on some things and the Commonwealth legislating on others. In some circumstances this can create ambiguity as to the applicability of legislation where there is no established Crown immunity; the Australian Constitution does however, in s. 109, declare that, "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, the former shall, to the extent of the inconsistency, be invalid." Based on this, depending on the context of application and whether a particular statute infringes on the executive powers of the State or the Commonwealth the Crown may or may not be immune from any particular statute. Many Acts passed in Australia, both at the State or the Federal level, contain a section declaring whether the Act binds the Crown, and, if so, in what respect: Commonwealth Acts may contain wording similar to: "This Act binds the Crown in each of its capacities", or specify a more restricted application.
State Acts may contain wording similar to: "This Act binds the Crown in right of and, in so far as the legislative power of the Parliament of permits, the Crown in all its other capacities."Whilst there is no ambiguity surrounding the first aspect of this declaration with respect to binding the Crown with respect to the State in question, there have been several cases in respect of the interpretation of the second aspect extending it to the Crown in its other capacities. Rulings by the High Court of Australia on specific matters of conflict between the application of States laws on Commonwealth agencies have provided the interpretation that the Crown in all of its other capacities includes the Commonwealth, therefore if a State Act contains this text the act may bind the Commonwealth subject to the s. 109 test of inconsistency. A landmark case which set a precedent for challenging broad Crown immunity and established tests for the applicability of State laws on the Commonwealth was Henderson v Defence Housing Authority in 1997.
This case involved the arbitration of a dispute between Mr. Henderson and the Defence Housing Authority. Mr. Henderson owned a house which the DHA had leased to provide housing to members of the Australian Defence Force. Under the NSW Residential Tenancies Act 1997, Mr. Henderson sought orders from the Residential Tenancies Tribunal to enter the premises for the purposes of conducting inspections. In response, DHA claimed that as a Commonwealth agency the legislation of NSW did not apply to it and further sought writs of prohibition attempting to restrain Mr. Henderson from pursuing the matter further. Up until this point the Commonwealth and its agencies claimed an unfettered immunity from State legislation and had used s. 109 to justify this position that the NSW Act was in conflict with the Act which created the DHA and s. 109 of the Constitution applied. Mr. Henderson took the case to a panel of 7 justices to arbitrate the matter. By a majority decision of 6:1 the court ruled that the DHA was bound by the NSW Act on the basis that the NSW Act did not limit, deny or restrict the activities of the DHA but sought to regulate them, an important distinction, further explained in the rulings of several of the justices.
It was ruled that the NSW Act was one of general application and therefore the Crown could not be immune from it, citing other cases in
Pourquoi L'Amérique is a soundtrack album by American jazz saxophonist Eddie Harris recorded in 1968 for the documentary of the same name on American history from 1917 to 1939 by French film director Frédéric Rossif and released on the French AZ label. All compositions by Eddie Harris except as indicated "Pourquoi L'Amérique" – 3:30 "La Terre" – 5:00 "Odeur de la Poudre" – 3:45 "Musique pour un Massacre" – 4:04 "Mort d'un Ennemi Public" – 2:40 "Pourquoi L'Amérique" – 1:51 "New Deal" – 3:39 "Prelude to Pearl Harbor" – 1:50 "Civilisation de Consommation" – 2:00 "Grèves Sauvages" – 1:40 "Parfois la Guerre" – 1:55 "Raisins de la Colère" – 3:30 Pourquoi L'Amérique" – 3:15 Eddie Harris – tenor saxophone, varitone Jodie Christian – piano Melvin Jackson – bass Billy Hart – drums
The deep column station is a type of subway station, consisting of a central hall with two side halls, connected by ring-like passages between a row of columns. Depending on the type of station, the rings transmit load to the columns either by "wedged arches" or through purlins, forming a "column-purlin complex"; the fundamental advantage of the column station is the greater connection between the halls, compared with a pylon station. The first deep column station in the world is Mayakovskaya, opened in 1938 in Moscow. One variety of column station is the "column-wall station". In such stations, some of the spaces between the columns are replaced with walls. In this way, the resistance to earth pressure is improved in difficult ground environments. Examples of such stations in Moscow are Krestyanskaya Dubrovka. In Saint Petersburg, Komendantsky Prospekt is an example. Shallow column station Pylon station Single-vault station
Cardinal Vicar is a title given to the vicar general of the Diocese of Rome for the portion of the diocese within Italy. The official title, as given in the Annuario Pontificio, is Vicar General of His Holiness; the Bishop of Rome is responsible for the spiritual administration of this diocese, but because the Bishop of Rome is the Pope, with many other responsibilities, he appoints a Cardinal Vicar with ordinary power to assist in this task. Canon law requires all Catholic dioceses to have one or more vicars general, but the Cardinal Vicar functions more like a de facto diocesan bishop than do other vicars general; the holder has been a cardinal. A similar position exists to administer the spiritual needs of the Vatican City, known as the Vicar General for Vatican City, or more Vicar General of His Holiness for Vatican City, it seems certain that in the twelfth century vicars were named only when the pope absented himself for a long time from Rome or its neighbourhood. When he returned, the vicar's duties ceased.
This may have lasted to the pontificate of Pope Innocent IV. Thus the nomination of a vicar on 28 April 1299, is dated from the Lateran; the office owes its full development to the removal of the Roman Curia to Southern France and its final settlement at Avignon. Since the list of vicars is continuous; the oldest commissions do not specify any period of duration. It is only in the sixteenth century; the nomination was by Bull. The oldest Bull of nomination known bears the date of 13 February 1264. An immemorial custom of the Curia demands that all its officials shall be duly sworn in, this was the case with the vicars. In all probability during the twelfth and thirteenth centuries such oaths were taken at the hands of the pope himself; the duty fell to the Apostolic Camera. The oath, whose text first appears in a document of 21 May 1427 resembles, in its first part, the usual episcopal oath; the oath is conceived in general terms and lays but slight stress on the special duties of the vicar. The official named on 18 October 1412, as representative of the vicar was sworn in, before entering on his office was admonished to take, in presence of a specified cardinal, the usual oath of fidelity to the pope and of a faithful exercise of the office.
According to the oldest known decree of nomination, 13 February 1264, both Romans and foreigners were subject to the jurisdiction of the vicar. In this document, neither the special rights of the vicar nor the local extent of his authority are made known, but it is understood that the territory in question is the city of Rome. On 27 June 1288, the vicar received the rights of "visitation and reformation in spiritual matters..... of dedicating churches and reconciling cemeteries, consecrating altars, blessing and ordaining suitable persons from the city". On 21 July 1296, Pope Boniface VIII added the authority to hear confessions and impose salutary penances. On 6 July 1202, the following variant is met with: "to reform the churches and people of Rome itself", the additional right to do other things pertaining to the office of vicar, his jurisdiction over all monasteries is first vouched for 16 June 1207. The inclusion among these of monasteries and non-exempt and their inmates, without the walls of Rome, was the first step in the local extension of the vicar's jurisdiction.
He was empowered to confer vacant benefices in the city. For a considerable length of time the above-mentioned rights exhibit the fulness of the vicar's authority. Special commissions, multiply in this period, bearing with them in each case a special extension or new application of authority. Under Pope Clement VI the territory of the vicar-general's jurisdiction was notably increased by the inclusion of the suburbs and the rural district about Rome; until the time of Pope Benedict XIV this was the extent of the vicar's jurisdiction. By the "district of the city of Rome" was understood a distance of forty Italian miles from the city walls. Since, the territory of the suburbicarian sees lay within these limits, the vicar came to exercise a jurisdiction concurrent with that of the local bishop and cumulatively; this was a source of frequent conflicts, until 21 December 1744, when the local jurisdiction of the suburbicarian bishops was abolished by Benedict XIV, insofar as their territory fell within the above-mentioned limits.
In the course of time the vicar acquired not only the position and authority of a vicar-general, who has ordinary but delegated power, but the right of subdelegation, whereby he named a vicegerent, his representative not alone in pontifical ceremonies, but in jurisdiction. For the rest, being delegatus a principe he can canonically subdelegate. By a Constitution of Clement VIII, 8 June 1592, the vicar's right to hold a visitation ordinary and extraordinary of churches, monasteries and the people was withdrawn in favour of the Congregatio Visitationis Apostolicæ, newly founded, for the current affairs of the ordinary visitation. Henceforth this duty pertains to the vicarius urbis only inso
This is a complete list of ice hockey players who were drafted in the National Hockey League Entry Draft by the Toronto Maple Leafs franchise. It includes every player, drafted, regardless of whether they played for the team; the NHL Entry Draft is held each June, allowing teams to select players who have turned 18 years old by September 15 in the year the draft is held. The draft order is determined by the previous season's order of finish, with non-playoff teams drafting first, followed by the teams that made the playoffs, with the specific order determined by the number of points earned by each team; the NHL holds a weighted lottery for the 14 non-playoff teams, allowing the winner to move up a maximum of four positions in the entry draft. The team with the fewest points has the best chance of winning the lottery, with each successive team given a lower chance of moving up in the draft. Since 2016, the first three selections have been allocated by the lottery. Toronto has participated in every NHL draft, with the franchise's first draft pick being Walt McKechnie, taken 6th overall in the 1963 NHL Amateur Draft.
Toronto has selected first overall twice, in 1985 and 2016. Throughout their history, the Maple Leafs have drafted multiple All-Stars and many players who have gone on to have successful careers, including two inducted into the Hockey Hall of Fame: Darryl Sittler and Lanny McDonald. Played at least one game with the Maple Leafs Spent entire NHL career with the Maple Leafs Inducted into the Hockey Hall of Fame Number honoured by the Maple Leafs Statistics are complete as of the 2018–19 NHL season and show each player's career regular season totals in the NHL. Wins, ties, overtime losses and goals against average apply to goaltenders and are used only for players at that position. List of Toronto Maple Leafs players General"Toronto Maple Leafs Draft History"; the Internet Hockey Database. Retrieved May 21, 2015. "Toronto Maple Leafs Draft Register". Sports Reference, LLC. Retrieved May 21, 2015. "Toronto Maple Leafs Draft History". Hockey Draft Central. Retrieved May 21, 2015. Specific
Esprit Fléchier was a French preacher and author, Bishop of Nîmes from 1687 to 1710. Fléchier was born at Pernes-les-Fontaines, in the département of Vaucluse, in the Comtat Venaissin, brought up at Tarascon by his uncle, Hercule Audiffret, superior of the Congrégation des Doctrinaires. Fléchier entered the order, but on the death of his uncle, he left it, owing to the strictness of its rules, went to Paris, where he devoted himself to writing poetry, his French poems met with little success, but a description in Latin verse of a tournament, given by Louis XIV around 1662, brought him a great reputation. Fléchier subsequently became tutor to Louis Urbain Lefebvre de Caumartin, afterwards intendant of finances and counsellor of state, whom he accompanied to Clermont-Ferrand, where the king had ordered the Grands Jours to be held, where Caumartin was sent as representative of the sovereign. There, Fléchier wrote his curious Mémoires sur les Grand jours tenus à Clermont, in which he relates, in a half romantic, half historical form, the proceedings of this extraordinary court of justice.
In 1668, the duke of Montausier procured for him the post of lecteur to the Dauphin. The sermons of Fléchier increased his reputation, afterwards raised to the highest pitch by his funeral orations; the most important are those on the duchesse de Montausier, which gained him the membership of the Académie française, the duchesse d'Aiguillon, above all, Marshal Turenne. He was now established in the favour of the king, who gave him successively the abbacy of Saint-Séverin, in the diocese of Poitiers, the office of almoner to the Dauphine, in 1685 the bishopric of Lavaur, from which he was in 1687 promoted to that of Nîmes; the edict of Nantes had been repealed two years before. Fléchier, by his leniency and tact, succeeded in bringing over some of them to his views, gained the esteem of those who declined to change their faith. During the troubles in the Cévennes he softened to the utmost of his power the rigour of the edicts, showed himself so indulgent to what he regarded as error, that his memory was long held in veneration amongst the Protestants of that district.
It is right to add, that some authorities consider the accounts of his leniency to have been exaggerated, charge him with going beyond what the edicts permitted. He died at Montpellier. Esprit Fléchier was elected at the Académie française on 5 December 1672, as a successor of Antoine Godeau, he entered the Académie on the same day as Jean Racine and Jean Gallois. According to the Encyclopædia Britannica Eleventh Edition, pulpit eloquence is the branch of belles-lettres in which Fléchier excelled, he is indeed far below Bossuet, whose sublime genius had no rival in that age. But he is always ingenious witty, nobody has carried farther than he the harmony of diction, sometimes marred by an affectation of symmetry and an excessive use of antithesis, his two historical works, the histories of Theodosius I and of Ximenes, are more remarkable for elegance of style than for accuracy and comprehensive insight. La vie du cardinal Jean-François Commendon, où l'on voit ses voyages, ambassades, légations & négotiations, dans les plus considérables cours des empereurs, princes & républiques de l'Europe.
Écrite en latin par Antoine Maria Gratiani, et traduite en françois par Monsieur Fléchier Histoire de Théodose le Grand, pour Monseigneur le Dauphin. Translated into English by F Manning Histoire du cardinal Ximenès Panégyriques des saints et quelques sermons de morale Lettres de Mr. Flechier, evêque de Nismes, sur divers sujets Lettres choisies de Mr Fléchier, avec une Relation des fanatiques du Vivarez et des réflexions sur les différens caractères des hommes. Reedition: Fanatiques et insurgés du Vivarais et des Cévennes: récits et lettres, 1689–1705, Jérôme Millon, Grenoble, 1997. Œuvres complètes Voyage de Fléchier en Auvergne Oraison funèbres Œuvres complètes de Fléchier, classées pour la première fois, selon l'ordre logique et analogique. Published by Jacques Paul Migne Mémoires de Fléchier sur les Grands-Jours tenus à Clermont en 1665–1666 was first published in 1844 by Benoît Gonod; the second edition, Mémoires de Fléchier sur les Grands-Jours d'Auvergne en 1665, had a notice by Sainte-Beuve and an appendix by Pierre Adolphe Chéruel.
Reedition: Mercure de France, Paris, 1984. Fléchier left a caractère of himself, addressed to one of his friends; the "Funeral Oration of Marshal Turenne" has been translated in English in HC Fish's History and Repository of Pulpit Eloquence. There are streets named after Esprit Fléchier in several communes of France, including Éleu-dit-Leauwette, Marseille and Tarascon; this article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed.. "Fléchier, Esprit". Encyclopædia Britannica. 10. Cambridge University Press. Pp. 491–492. The Encyclopædia Britannica Eleventh Edition entry lists the following bibliography: Antonin VD Fabre, La Jeunesse de Fléchier Adolphe Fabre, Fléchier, orateur A Delacroix, Hist. de Fléchier. Works by Esprit Fléchier at gallica.bnf.fr