1.
Monarch
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A monarch is the sovereign head of state in a monarchy. A monarch may exercise the highest authority and power in the state, alternatively, an individual may become monarch by conquest, acclamation or a combination of means. A monarch usually reigns for life or until abdication, if a young child is crowned the monarch, a regent is often appointed to govern until the monarch reaches the requisite adult age to rule. A monarch can reign in multiple monarchies simultaneously, for example, the monarchy of Canada and the monarchy of the United Kingdom are separate states, but they share the same monarch through personal union. Monarchs, as such, bear a variety of titles — king or queen, prince or princess, emperor or empress, archduke, duke or grand duke, Prince is sometimes used as a generic term to refer to any monarch regardless of title, especially in older texts. A king can also be a husband and a queen can be a kings wife. If both people in a reign, neither person is generally considered to be a consort. Monarchy is political or sociocultural in nature, and is associated with hereditary rule. Most monarchs, both historically and in the present day, have been born and brought up within a royal family, different systems of succession have been used, such as proximity of blood, primogeniture, agnatic seniority, Salic law, etc. In an elective monarchy, the monarch is elected but otherwise serves as any other monarch, historical examples of elective monarchy include the Holy Roman Emperors and the free election of kings of the Polish–Lithuanian Commonwealth. In recent centuries, many states have abolished the monarchy and become republics, advocacy of government by a republic is called republicanism, while advocacy of monarchy is called monarchism. A principal advantage of hereditary monarchy is the continuity of national leadership. In cases where the monarch serves mostly as a ceremonial figure real leadership does not depend on the monarch, a form of government may in fact be hereditary without being considered monarchy, such as a family dictatorship. Monarchies take a variety of forms, such as the two co-princes of Andorra, positions held simultaneously by the Roman Catholic Bishop of Urgel and the elected President of France. Similarly, the Yang di-Pertuan Agong of Malaysia is considered a monarch despite only holding the position for five years at a time, hereditary succession within one patrilineal family has been most common, with preference for children over siblings, sons over daughters. Other European realms practice one form or another of primogeniture, whereunder a lord was succeeded by his eldest son or, if he had none, by his brother, the system of tanistry was semi-elective and gave weight also to ability and merit. The Salic law, practiced in France and in the Italian territories of the House of Savoy, in most fiefs, in the event of the demise of all legitimate male members of the patrilineage, a female of the family could succeed. Spain today continues this model of succession law, in the form of cognatic primogeniture, in more complex medieval cases, the sometimes conflicting principles of proximity and primogeniture battled, and outcomes were often idiosyncratic
2.
State (polity)
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A state is a type of polity that is an organized political community living under a single system of government. States may or may not be sovereign, for instance, federated states are members of a federal union, and may have only partial sovereignty, but are, nonetheless, states. Some states are subject to external sovereignty or hegemony, in which ultimate sovereignty lies in another state, States that are sovereign are known as sovereign states. The term state can also refer to the branches of government within a state, often as a manner of contrasting them with churches. Speakers of American English often use the state and government as synonyms. Many human societies have been governed by states for millennia, over time a variety of different forms developed, employing a variety of justifications of legitimacy for their existence. In the 21st century, the modern nation-state is the predominant form of state to which people are subjected, there is no academic consensus on the most appropriate definition of the state. The term state refers to a set of different, but interrelated and often overlapping, general categories of state institutions include administrative bureaucracies, legal systems, and military or religious organizations. Another commonly accepted definition of the state is the one given at the Montevideo Convention on Rights, according to the Oxford English Dictionary, a state is a. an organized political community under one government, a commonwealth, a nation. B. such a community forming part of a federal republic, confounding the definition problem is that state and government are often used as synonyms in common conversation and even some academic discourse. According to this schema, the states are nonphysical persons of international law. The relationship between a government and its state is one of representation and authorized agency, States may be classified as sovereign if they are not dependent on, or subject to any other power or state. Other states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state, many states are federated states which participate in a federal union. A federated state is a territorial and constitutional community forming part of a federation, such states differ from sovereign states in that they have transferred a portion of their sovereign powers to a federal government. One can commonly and sometimes readily classify states according to their apparent make-up or focus, the concept of the nation-state, theoretically or ideally co-terminous with a nation, became very popular by the 20th century in Europe, but occurred rarely elsewhere or at other times. Imperial states have sometimes promoted notions of racial superiority, the concept of temple states centred on religious shrines occurs in some discussions of the ancient world. To some extent, urban secession, the creation of a new city-state, a state can be distinguished from a government. The government is the group of people, the administrative bureaucracy that controls the state apparatus at a given time
3.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
4.
Jurisdiction
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Jurisdiction is the practical authority granted to a legal body to administer justice within a defined area of responsibility, e. g. Michigan tax law. In federations like the U. S. areas of jurisdiction apply to local, state, colloquially it is used to refer to the geographical area to which such authority applies, e. g. the court has jurisdiction over all of Colorado. The legal term refers only to the authority, not to a geographical area. International laws and treaties provide agreements which nations agree to be bound to, supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation. When a country is recognized as de jure, it is an acknowledgment by the de jure nations that the country has sovereignty. However, it is often at the discretion of each nation whether to co-operate or participate, if a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. The fact that organizations, courts and tribunals have been created raises the difficult question of how to co-ordinate their activities with those of national courts. But, to invoke the jurisdiction in any case, all the parties have to accept the prospective judgment as binding. This reduces the risk of wasting the Courts time, each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the appellate court to the member states on issues of European law. This jurisdiction is entrenched and its authority could only be denied by a member if that member nation asserts its sovereignty. Hence, in the Netherlands, all treaties and the orders of international organizations are effective without any action being required to convert international into municipal law, in nations adopting this theory, the local courts automatically accept jurisdiction to adjudicate on lawsuits relying on international law principles. Otherwise the courts have a discretion to apply international law where it does not conflict with statute or the common law. According to the Supreme Court of the United States, the treaty power authorizes Congress to legislate under the Necessary and this concerns the relationships both between courts in different jurisdictions, and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens, to deal with the issue of forum shopping, nations are urged to adopt more positive rules on conflict of laws. In addition, the Lugano Convention binds the European Union and the European Free Trade Association, council Regulation 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least, the CACA enforcement of judgments is now more straightforward. At a national level, the rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area
5.
Separation of powers
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The separation of powers, often imprecisely and metonymically used interchangeably with the trias politica principle, is a model for the governance of a state. The typical division of branches is into a legislature, an executive, and it can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislature are unified. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks, aristotle first mentioned the idea of a mixed government or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic, the Roman Senate, Consuls and the Assemblies showed an example of a government according to Polybius. John Calvin favoured a system of government that divided political power between democracy and aristocracy, Calvin appreciated the advantages of democracy, stating, It is an invaluable gift if God allows a people to elect its own government and magistrates. In this way, Calvin and his followers resisted political absolutism, Calvin aimed to protect the rights and the well-being of ordinary people. In 1620, a group of English separatist Congregationalists and Anglicans founded Plymouth Colony in North America, enjoying self-rule, they established a bipartite democratic system of government. Massachusetts Bay Colony, Rhode Island, Connecticut, New Jersey, books like William Bradfords History of Plymoth Plantation were widely read in England. So the form of government in the colonies was well known in the mother country, the term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu. In The Spirit of the Laws, Montesquieu described the separation of power among a legislature, an executive. Montesquieus approach was to present and defend a form of government which was not excessively centralized in all its powers to a monarch or similar ruler. He based this model on the Constitution of the Roman Republic, Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, Montesquieu did actually specify that the independence of the judiciary has to be real, and not apparent merely. The judiciary was generally seen as the most important of powers, independent and unchecked, typically this was accomplished through a system of checks and balances, the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Constitutions with a degree of separation of powers are found worldwide. The UK system is distinguished by a particular entwining of powers, a number of Latin American countries have electoral branches of government. Countries with little separation of power include New Zealand and Canada, Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government
6.
Natural justice
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In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, the basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of bias, imputed bias or apparent bias. Cases from different jurisdictions currently apply two tests for apparent bias, the suspicion of bias test and the real likelihood of bias test. One view that has taken is that the differences between these two tests are largely semantic and that they operate similarly. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a hearing is guaranteed by Article 6 of the European Convention on Human Rights. Natural justice is a term of art that denotes specific procedural rights in the English legal system and it is similar to the American concepts of fair procedure and procedural due process, the latter having roots that to some degree parallel the origins of natural justice. Natural justice is identified with the two constituents of a hearing, which are the rule against bias, and the right to a fair hearing. The requirements of justice or a duty to act fairly depend on the context. In Baker v. Earlier, in Knight v. Indian Head School Division No, furthermore, preliminary decisions will generally not trigger the duty to act fairly, but decisions of a more final nature may have such an effect. In addition, whether a duty to act fairly applies depends on the relationship between the authority and the individual. No duty exists where the relationship is one of master and servant, on the other hand, a duty to act fairly exists where the individual cannot be removed from office except for cause. Finally, a right to procedural fairness only exists when a decision is significant and has an important impact on the individual. A person is barred from deciding any case in which he or she may be, or may fairly be suspected to be, biased. This principle embodies the concept of impartiality, and applies to courts of law, tribunals, arbitrators. The basis on which impartiality operates is the need to maintain confidence in the legal system. The erosion of public confidence undermines the nobility of the legal system, Bias may be actual, imputed or apparent
7.
Totalitarianism
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Totalitarianism is a political system in which the state recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible. A distinctive feature of totalitarian governments is an ideology, a set of ideas that gives meaning. The concept of totalitarianism was first developed in the 1920s by the Weimar German jurist, and later Nazi academic, Carl Schmitt, Schmitt used the term, Totalstaat, in his influential work on the legal basis of an all-powerful state, The Concept of the Political. The concept became prominent in Western political discourse as a concept that highlights similarities between Fascist states and the Soviet Union, the term was later assigned a positive meaning in the writings of Giovanni Gentile, Italy’s most prominent philosopher and leading theorist of fascism. He used the term “totalitario” to refer to the structure and goals of the new state, according to Benito Mussolini, this system politicizes everything spiritual and human, Everything within the state, nothing outside the state, nothing against the state. Churchill was then a backbencher MP representing the Epping constituency, in a radio address two weeks later Churchill again employed the term, this time applying the concept to a Communist or a Nazi tyranny. And went on to say Democracy is not an end but a means to the conquest of the new state, when the time comes, either parliament submits or we will eliminate it. G. Wells, Henry Miller or twopenny color postcards, every line of serious work that I have written since 1936 has been written, directly or indirectly, against totalitarianism and for democratic socialism, as I understand it. During a 1945 lecture series entitled The Soviet Impact on the Western World, only the blind and incurable could ignore the trend towards totalitarianism, said Carr. Isabel Paterson, in The God of the Machine, used the term in connection with the Soviet Union, in The Origins of Totalitarianism, Hannah Arendt argued that Nazi and State communist regimes were new forms of government, and not merely updated versions of the old tyrannies. According to Arendt, the source of the appeal of totalitarian regimes is their ideology, which provides a comforting, single answer to the mysteries of the past, present. For Nazism, all history is the history of race struggle, once that premise is accepted, all actions of the state can be justified by appeal to Nature or the Law of History, justifying their establishment of authoritarian state apparatus. In addition to Arendt, many scholars from a variety of academic backgrounds, each one of these describes totalitarianism in slightly different ways. Is only concerned with power and as long as that is not contested it gives society a certain degree of liberty. Authoritarianism does not attempt to change the world and human nature, in contrast, a totalitarian regime attempts to control virtually all aspects of the social life, including the economy, education, art, science, private life, and morals of citizens. The officially proclaimed ideology penetrates into the deepest reaches of societal structure and it also mobilizes the whole population in pursuit of its goals. Friedrich and Brzezinski argue that a system has the following six, mutually supportive, defining characteristics. Single mass party, typically led by a dictator, system of terror, using such instruments as violence and secret police
8.
Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
9.
Constitutional monarchy
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A constitutional monarchy is a form of monarchy in which the sovereign exercises their authorities in accordance with a written or unwritten constitution. A constitutional monarchy may refer to a system in which the acts as a non-party political head of state under the constitution. Political scientist Vernon Bogdanor, paraphrasing Thomas Macaulay, has defined a constitutional monarch as a sovereign who reigns, in addition to acting as a visible symbol of national unity, a constitutional monarch may hold formal powers such as dissolving parliament or giving royal assent to legislation. Many constitutional monarchies still retain significant authorities or political influence however, such as through certain reserve powers, the United Kingdom and the other Commonwealth realms are all constitutional monarchies in the Westminster tradition of constitutional governance. Three states – Malaysia, Cambodia and the Holy See – are elective monarchies, the oldest constitutional monarchy dating back to ancient times was that of the Hittites. These were scattered noble families that worked as representatives of their subjects in an adjutant or subaltern federal-type landscape, the most recent country to move from an absolute monarchy to a constitutional monarchy was Bhutan, between 2007 and 2008. At the same time, in Scotland the Convention of Estates enacted the Claim of Right Act 1689, although Queen Anne was the last monarch to veto an Act of Parliament when in 1707 she blocked the Scottish Militia Bill, Hanoverian monarchs continued to selectively dictate government policies. For instance George III constantly blocked Catholic Emancipation, eventually precipitating the resignation of William Pitt the Younger as Prime Minister in 1801, Queen Victoria was the last monarch to exercise real personal power but this diminished over the course of her reign. In 1839 she became the last sovereign to keep a Prime Minister in power against the will of Parliament when the Bedchamber crisis resulted in the retention of Lord Melbournes administration, today, the role of the British monarch is by convention effectively ceremonial. No person may accept significant public office without swearing an oath of allegiance to the Queen, with few exceptions, the monarch is bound by constitutional convention to act on the advice of the Government. Constitutional monarchy also occurred briefly in the years of the French Revolution. As originally conceived, a monarch was head of the executive branch and quite a powerful figure even though his or her power was limited by the constitution. In many cases the monarchs, while still at the top of the political and social hierarchy, were given the status of servants of the people to reflect the new. In the course of Frances July Monarchy, Louis-Philippe I was styled King of the French rather than King of France, following the Unification of Germany, Otto von Bismarck rejected the British model. However this model of constitutional monarchy was discredited and abolished following Germanys defeat in the First World War. Later, Fascist Italy could also be considered as a constitutional monarchy and this eventually discredited the Italian monarchy and led to its abolition in 1946. After the Second World War, surviving European monarchies almost invariably adopted some variant of the constitutional monarchy model originally developed in Britain, nowadays a parliamentary democracy that is a constitutional monarchy is considered to differ from one that is a republic only in detail rather than in substance. However, three important factors distinguish monarchies such as the United Kingdom from systems where greater power might otherwise rest with Parliament, other privileges may be nominal or ceremonial
10.
Constitution of Australia
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The Constitution of Australia is the supreme law under which the government of the Commonwealth of Australia operates, including its relationship to the States of Australia. The most important is the Constitution of the Commonwealth of Australia, the Commonwealth of Australia Constitution Act 1900 became law on 9 July 1900, and entered into force on 1 January 1901. Other pieces of legislation have constitutional significance for Australia, even though the same person, Queen Elizabeth II, is the monarch of both countries, she acts in a distinct capacity as monarch of each. Under Australias common law system, the High Court of Australia and their decisions determine the interpretation and application of the constitution. However, the Constitution has continued to develop since then, with two laws having particularly significant impact on the status of the nation. However, impetus came from Britain and there was only lacklustre local support. These difficulties led to the failure of attempts to bring about federation in the 1850s and 1860s. The Federal Council could legislate on certain subjects, but did not have a permanent secretariat, the absence of New South Wales, the largest colony, also diminished its representative value. By the 1891 conference, significant momentum had been built for the federalist cause, under the guidance of Sir Samuel Griffith, a draft constitution was drawn up. However, these meetings lacked popular support, furthermore, the draft constitution sidestepped certain important issues, such as tariff policy. The draft of 1891 was submitted to colonial parliaments but lapsed in New South Wales, in 1895, the six premiers of the Australian colonies agreed to establish a new Convention by popular vote. The Convention met over the course of a year from 1897 to 1898, the meetings produced a new draft which contained substantially the same principles of government as the 1891 draft, but with added provisions for responsible government. To ensure popular support, the draft was presented to the electors of each colony, after one failed attempt, an amended draft was submitted to the electors of each colony except Western Australia. After ratification by the five colonies, the Bill was presented to the British Imperial Parliament with an Address requesting Queen Victoria to enact the Bill, finally, the Commonwealth of Australia Constitution Act was passed by the British Parliament in 1900. Western Australia finally agreed to join the Commonwealth in time for it to be an member of the Commonwealth of Australia. In 1988, the copy of the Commonwealth of Australia Constitution Act 1900 from the Public Record Office in London was lent to Australia for the purposes of the Australian Bicentenary. As a result, since Australia was still legally a colony and this was resolved by the Statute of Westminster 1931, adopted by the Commonwealth via the Statute of Westminster Adoption Act 1942. The Statute of Westminster freed the Dominions, including the Commonwealth, legally, this is often regarded as the moment of Australias national independence
11.
High Court of Australia
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The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. The High Court is mandated by Constitution section 71, which vests in it the power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under and it now operates under Constitution sections 71 to 75, the Judiciary Act, and the High Court of Australia Act 1979. It is composed of seven Justices, the Chief Justice of Australia, currently Susan Kiefel and they are appointed by the Governor-General of Australia, on the advice of the federal government, and under the constitution must retire at age 70. Since 1979, The High Court has been located in Canberra, the majority of its sittings are held in the High Court building, situated in the Parliamentary Triangle, overlooking Lake Burley Griffin. With an increasing utilisation of video links, sittings are also held in the state capitals. The High Court exercises both original jurisdiction and appellate jurisdiction, the High Court is the court of final appeal with the ability to interpret the common law for the whole of Australia, not just the state or territory in which the matter arose. The High Courts broad jurisdiction is similar to that of the Supreme Court of Canada, as such, the court is able to develop the common law consistently across all the states and territories. This role, alongside its role in constitutional interpretation, is one of the courts most significant and this broad array of jurisdiction enables the High Court to take a leading role in Australian law and contributes to a consistency and uniformity among the laws of the different states. The original jurisdiction of the High Court refers to matters that are heard in the High Court. The Constitution confers actual and potential original jurisdiction, Section 75 of the Constitution confers original jurisdiction in regard to all matters, The conferral of original jurisdiction creates some problems for the High Court. For example, challenges against immigration-related decisions are brought against an officer of the Commonwealth within the original jurisdiction of the High Court. However, the inclusion of constitutional matters in section 76, rather than section 75, in practice, section 75 and section 75 are broad enough that many constitutional matters would still be within jurisdiction. The 1998 Constitutional Convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament, failure to proceed on this issue suggests that it was considered highly unlikely that Parliament would ever take this step. The requirement of a matter in section 75 and section 76 of the means that a concrete issue must need to be resolved. The High Courts appellate jurisdiction is defined under Section 73 of the Constitution, however, section 73 allows the appellate jurisdiction to be limited with such exceptions and subject to such regulations as the Parliament prescribes. Parliament has prescribed a large limitation in section 35A of the Judiciary Act 1903 and this requires special leave to appeal. Special leave is granted only where a question of law is raised that is of public importance, therefore, while the High Court is the final court of appeal, it cannot be considered a general court of appeal
12.
Henderson v Defence Housing Authority
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Dr Henderson was the owner of a house which was leased by the Defence Housing Authority which used the property to provide accommodation for defence personnel. The matter was heard before the High Court of Australia and it was established that the DHA was created under s.61 of the Constitution, so there was no actual law in which the state law could be in conflict. By a 6,1 majority the Court held that the DHA is subject to the NSW Act, four judges saw a distinction between the capacity of the crown which state law can’t effect and the exercise of the crown authority which state law could affect. One judge thought the distinction was unrealistic to make that distinction, by a 6,1 majority the Court rejected the broad proposition that the Commonwealth cannot be bound by State legislation. However, by a 6,1 majority also rejected the argument that the Commonwealths constitutional immunity from State law is no greater than the immunity which the States enjoy from Commonwealth law. In Brennan CJs view, which was similar to McHugh Js, as all five agreed that the Commonwealth will only be bound by State law where it has consented to be bound, this has the effect of making the Commonwealth executive superior to those of the States. Whether a State law affects the executive capacities of the Commonwealth, as opposed to the exercise of them, the High Courts view of the relevance of s.109 in such matters was inconclusive. McHugh, Gummow and Kirby JJ believed that, where executive power arises from statute, dawson, Toohey and Gaudron JJ did not consider s.109 in formulating their judgment. Certain commentators consider the first viewpoint to be consistent with the nature of Australian federation. Dawson, Toohey, Gaudron and McHugh JJ agreed that the States do not have the power to alter the legal relationships between the Commonwealth and its subjects. The majority of Justices accepted that s.64 of the Judiciary Act 1903 did not apply, re Residential Tenancies Tribunal of NSW v Henderson, Ex parte Defence Housing Authority 190 CLR410, States Power to bind the Commonwealth. ANU College of Law, Australian National University, the Commonwealths Implied Constitutional Immunity From State Law - Legal Briefing Number 36
13.
Australian Defence Force
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The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy, Australian Army, Royal Australian Air Force, the ADF has a strength of just over 80,000 full-time personnel and active reservists, and is supported by the Department of Defence and several other civilian agencies. During the first decades of the 20th century, the Australian Government established the armed services as separate organisations, each service had an independent chain of command. In 1976, the government made a change and established the ADF to place the services under a single headquarters. Over time, the degree of integration has increased and tri-service headquarters, logistics, the ADF is technologically sophisticated but relatively small. Although the ADFs 58,061 full-time active-duty personnel and 19,338 active reservists make it the largest military in Oceania, nonetheless, the ADF is supported by a significant budget by worldwide standards and is able to deploy forces in multiple locations outside Australia. The ADFs legal standing draws on the executive government sections of the Australian Constitution, Section 51 gives the Commonwealth Government the power to make laws regarding Australias defence and defence forces. Section 68 of the Constitution sets out the ADFs command arrangements, the Section states that the command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queens representative. In practice, the Governor-General does not play a part in the ADFs command structure. The Minister for Defence and several subordinate ministers exercise this control, the Minister acts on most matters alone, though the National Security Committee of Cabinet considers important matters. The Minister then advises the Governor-General who acts as advised in the form of executive government. The Commonwealth Government has never required by the Constitution or legislation to seek parliamentary approval for decisions to deploy military forces overseas or go to war. The ADFs current priorities are set out in the 2016 Defence White Paper, the first of these is to defend Australia from direct attack or coercion. The second priority is to contribute to the security of South East Asia, the third priority is to contribute to stability across the Indo-Pacific region and a rules-based global order which supports our interests. The white paper states that the government will place equal weight on the three priorities when developing the ADFs capabilities, Australia has maintained military forces since federation as a nation in January 1901. Shortly after Federation, the Australian Government established the Australian Army, in 1911, the Government established the Royal Australian Navy, which absorbed the Commonwealth Naval Force. The Army established the Australian Flying Corps in 1912 although this separated to form the Royal Australian Air Force in 1921, the services were not linked by a single chain of command, as they each reported to their own separate Minister and had separate administrative arrangements. The three services saw action around the world during World War I and World War II, the importance of joint warfare was made clear to the Australian military during World War II when Australian naval, ground and air units frequently served as part of single commands
14.
Residential Tribunal of New South Wales
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The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales on 1 March 1999, the tribunal was abolished and the Consumer, Trader and Tenancy Tribunal of New South Wales subsequently replaced the tribunal on 25 February 2002. The former Tribunal was established under the Residential Tenancies Act 1987 as the dispute resolution body for residential tenancies in New South Wales. The review concluded there was a deficiency in the law as the former tribunal could not operate in specialist divisions. The tribunal was also to have flexible procedures and would have the discretion to adapt its procedures to fit the dispute before it, the tribunal was established under the Residential Tribunal Act 1998. It had jurisdiction under the Community Land Management Act 1989, Residential Parks Act 1998, Residential Tenancies Act 1987, Retirement Villages Act 1999 and the Strata Schemes Management Act 1996. The tribunal was to conduct proceedings with as little formality and technicality, the tribunal was not bound by the rules of evidence. Alternative dispute resolution was to be an important focus in the tribunals operations, parties could appear in person and legal representation was not permitted unless the tribunal gave permission to do so. However, a landlord could have an estate agent attend on their behalf. There was a right of appeal on a question of law to the Supreme Court of New South Wales, the Tribunal consisted of a Chairperson, a Deputy Chairperson or Deputy Chairpersons, senior members, and other members as required. The chairperson could also appoint assessors as necessary, not known Second Reading Speech on the introduction of the Residential Tribunal Act 1998 by the Hon Jeff Shaw, NSW Legislative Council,1 December 1998
15.
Bropho v Western Australia
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Section 17 of the Aboriginal Heritage Act 1972 of Western Australia prohibited the destruction or damage of aboriginal sites except with the consent of the responsible State Minister. The Act did not expressly say whether it bound the Crown, the Western Australian Development Corporation, a statutory corporation of the Western Australian government, undertook works to redevelop the prominent Swan Brewery site in Perth. The site was owned by the State of Western Australia, robert Bropho, an Indigenous Australian activist, applied to the Supreme Court of Western Australia for an injunction against the development, claiming it was sacred Aboriginal land. Although Section 17 of the Aboriginal Heritage Act 1972 established a criminal offence, the Supreme Court refused to grant an injunction, holding that the Aboriginal Heritage Act 1972 did not bind the Crown in right of Western Australia. An appeal to the bench of the Supreme Court failed. Before Bropho, the law of Crown immunity in Australia was governed by Province of Bombay v Municipal Council of Bombay, the Privy Council held that there was a presumption that a statute did not bind the Crown. The presumption was only rebuttable by express words or necessarily implication, the Privy Council narrowed the necessary implication ground to circumstances where the purpose of the statute would be wholly frustrated if the statute did not bind the Crown. The High Court unanimously upheld Brophos appeal, holding that Section 17 of the Aboriginal Heritage Act 1972 bound the Crown in right of Western Australia, chief Justice Mason and Justices Deane, Dawson, Toohey, Gaudron and McHugh delivered a joint judgment. Justice Brennan delivered his own judgment that concurred with the joint judgment, the joint judgment affirmed the presumption against a statute binding the Crown. However, the judgment overturned the Bombay requirement that the presumption could only be rebutted by express words or necessary implication, according to the joint judgment, the relevant question was whether Parliament intended for the statute to bind the Crown. The intention of Parliament could be ascertained by reference to the content, Justice Brennan concurred with the joint judgment, noting his view that employees and agents of the Crown should not be exempt from criminal laws. Brophos successful appeal did not prevent the redevelopment of the Swan Brewery, later in 1990, Minister Carmen Lawrence gave her consent to the redevelopment, overriding the prohibition in Section 17 of the Aboriginal Heritage Act 1972. Bropho successfully challenged Lawrences decision in the Supreme Court of Western Australia, Bropho v State of Western Australia, Australian Law Reports 93, 207-209
16.
Constitution of Belgium
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The Constitution of Belgium dates back to 1831. Since then Belgium has been a monarchy that applies the principles of ministerial responsibility for the government policy. The Constitution established Belgium as a unitary state. However, since 1970, through successive state reforms, Belgium has gradually evolved into a federal state, the last radical change of the constitution was carried out in 1993 after which it was published in a renewed version in the Belgian Official Journal. The Court therefore developed into a court and in May 2007 it was formally redesignated Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II, in 1831 Belgium was a unitary state organised at three levels, the national level, provinces and municipalities. State reform in Belgium added a level to the existing structure. Since 1993, the first article of the Constitution stipulates that Belgium is a state composed of Communities. This means that there are two types of devolved entities at the level, with neither taking precedence over the other. Article 4 divides Belgium into four areas, The Dutch language area, the French language area, the bilingual area of Brussels-Capital. Each municipality of the Kingdom is part of one of four language areas only. The borders of the areas can be changed or corrected only by a law supported by specific majorities of each language group of each Chamber. Article 5 divides the Flemish Region and the Walloon Region into five provinces each, Article 6 determines that the provinces can be subdivided only by Law. The borders of the State, provinces and municipalities can be changed or corrected only by Law, the act inserting this article was published in the Belgian Official Journal on 26 April 2007. Title II of the Belgian Constitution is titled The Belgians and their rights, in this title a number of rights and freedoms are enumerated. Although the Constitution speaks of the rights of the Belgians, in principle apply to all persons on Belgian soil. In addition to the rights enumerated in Title II of the Constitution, Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 10 determines that all Belgians are equal before the law, Article 11 determines that all rights and freedoms must be guaranteed without discrimination
17.
Monarchy of Belgium
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The monarchy of Belgium is a constitutional, popular and hereditary monarchy whose incumbent is titled the King or Queen of the Belgians and serves as the countrys head of state. There have been seven Belgian monarchs since independence in 1830, the incumbent, Philippe, ascended the throne on 21 July 2013, following the abdication of his father. When Belgium became independent in 1830 the National Congress chose a constitutional monarchy as the form of government, the Congress voted on the question on 22 November 1830, supporting monarchy by 174 votes to 13. Following this refusal, the National Congress appointed Erasme-Louis, Baron Surlet de Chokier to be the Regent of Belgium on 25 February 1831 and this day has since become a national holiday for Belgium and its citizens. As a hereditary constitutional monarchy system, the role and operation of Belgiums monarchy is governed by the Constitution, the royal office of King is designated solely for a descendant of the first King of the Belgians, Leopold I. Since he is bound by the Constitution the King is intended to act as an arbiter and guardian of Belgian national unity, Belgiums monarchs are inaugurated in a purely civil swearing-in ceremony. The Kingdom of Belgium was never an absolute monarchy, nevertheless, in 1961, the historian Ramon Arango, wrote that the Belgian monarchy is not truly constitutional. King Leopold I was head of Foreign Affairs as an ancien régime monarch, millions of Congolese were killed as a result of Leopolds policies in the Congo. On several occasions Leopold II publicly expressed disagreement with ruling government and was accused by Yvon Gouet of noncompliance with the parliamentary system. In a similar manner, Albert I of Belgium would later state that he was in command of the Belgian army contrary to his Prime Minister Charles de Broqueville, Louis Wodon, thought the Kings oath to the Constitution implied a royal position over and above the Constitution. The family is, of course, an institution as is the state. But what would a family be where everything was limited among those who compose it to simply legal relationships. For Raymond Fusilier, the Belgian monarchy had to be placed - at least in the beginning - between the regimes where the rules and those in which the king does not rule. The Belgian monarchy is closer to the principle the King does not rule But the Belgian kings were not only at the head of the part of the Constitution. For Francis Delpérée, to reign does not only mean to preside over ceremonies, the Belgian historian Jean Stengers wrote that some foreigners believe the monarchy is indispensable to national unity. He is only a piece on the chessboard, but a piece which matters, to date all have belonged to the House of Saxe-Coburg and Gotha. This is a tree of the Kings of the Belgians, hereditary. Dutch monarchs family tree The proper title of the Belgian monarch is King of the Belgians rather than King of Belgium, the title indicates a popular monarchy linked to the people of Belgium, whereas King of Belgium would indicate standard constitutional or absolute monarchy linked to territory or state
18.
Charles Fitzpatrick
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Sir Charles Fitzpatrick GCMG PC was a Canadian lawyer and politician, who served as the fifth Chief Justice of Canada. He was born in Quebec City, Canada East, to John Fitzpatrick and he studied at Laval University, earning his B. A. degree and LL. B degree, earning the Dufferin Silver Medal. Called to the bar of Quebec in 1876, he established his practice in Quebec City, in 1885, he acted as chief counsel to Louis Riel who was on trial for leading the North-West Rebellion. Riel was found guilty and sentenced to death, Fitzpatrick entered politics in 1890, winning election to the Quebec Legislative Assembly in Québec-Comté electoral district. He was re-elected in 1892, but resigned in June 1896 to enter federal politics and he was first elected to the Canadian House of Commons in Quebec County electoral district in the 1896 federal election as a Liberal Member of Parliament. He served as Solicitor General of Canada from 1896 to 1902 and he was appointed to the Supreme Court of Canada as Chief Justice. He served in that position until 1918 when he was appointed the 12th Lieutenant Governor of Quebec, during his period as Lieutenant Governor, his nephew acted as Premier of Quebec, Louis-Alexandre Taschereau. In 1905, he took part, as the government representative, in the negotiations that led to the creation of the provinces of Alberta. May 20,1879, Fitzpatrick married Marie-Elmire-Corinne Caron, daughter of René-Édouard Caron, 2nd Lieutenant Governor of Quebec, Chief Justice Fitzpatrick died on June 17,1942, aged 88 years and 6 months, he is interred in Sillery, Quebec. Supreme Court of Canada Biography Biography, dictionnaire des parlementaires du Québec de 1792 à nos jours. Charles Fitzpatrick – Parliament of Canada biography Beach, Chandler B. ed. Fitzpatrick, chicago, F. E. Compton and Co
19.
Monarchy in the Canadian provinces
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The monarchy has been headed since 6 February 1952 by Queen Elizabeth II who as sovereign is shared equally with both the Commonwealth realms and the Canadian federal entity. She, her consort, and other members of the Canadian Royal Family undertake various public, however, the Queen is the only member of the Royal Family with any constitutional role. Royal Assent and the royal sign-manual are required to enact laws, letters patent, in all provinces, the monarchys roots lie in the British Crown, while in some, mostly in Eastern Canada, the French Crown also had influence. Over the centuries, the throughout the country has evolved to become a distinctly Canadian one. There is one monarch, but she acts in different rights, such is demonstrated when the sovereign takes on different legal personas in a case wherein a provincial government files a lawsuit against the federal and/or another provincial government. Also, as it was put in Attorney-General of Canada v. Higbie, When the Crown, in right of the Province, transfers land to the Crown, in right of the Dominion, what takes place is merely a change of administrative control. The Canadian Crown thus both remains above and links all of the jurisdictions in Confederation, it has been described as a divided crown. The arrangement provides that each of Canadas provinces are all sovereign of each other, the provincial Crown exists to safeguard the independence of each province. The system was set up as such by the Fathers of Confederation because they saw such a use of constitutional monarchy as a bulwark against any fracturing of the Canadian federation. In 1939, Sir Shuldham Redfern, then Secretary to the Governor General, said that, without a common allegiance to the Crown, the British North America Act,1867, was written so as to reflect the view of John A. That rule was never followed in Ontario and Quebec, though, in his ruling, which discovered a provincial guise of the Crown and thus further empowered the provinces, Watson stated, the Lieutenant Governor. Is as much a representative of Her Majesty, for all purposes of Provincial Government as the Governor General himself is, for all purposes of Dominion Government. The Lord Denning of the Court of Appeal of England and Wales ruled in 1982 that the Crown became separate and divisible and it was separate and divisible for each self-governing Dominion or province or territory. The Crown became the foundation of the principle in Canada. Funding of the Crowns operation in the provinces is split between the federal and provincial governments, the provincial coffers supply the relevant lieutenant governor for other expenses of office, travel costs, and the upkeep of official residences, amongst other necessities. The sovereign and other members of the Royal Family are only supported by tax dollars in the performance of their official duties, residents of the provinces do not pay any money to the royals, either as personal income or to support royal residences outside of the province. This is done in reciprocation to the sovereigns Coronation Oath, wherein he or she promises to govern the Peoples of, according to their respective laws and customs. There was in the 1970s some opposition to the oath by Parti Québécois members of the National Assembly of Quebec, the sovereign may still hold audience with the provincial premiers, however
20.
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
21.
Lise Thibault
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Lise Thibault was appointed the 27th Lieutenant Governor of Quebec in 1997 and later sentenced to jail for fraud and ordered to repay the government. Born in Saint-Roch-de-lAchigan, Quebec, she was the eldest daughter of Paul Trudel and she was educated at the Académie Marie-Anne de Montréal, and then went on to teachers college at Cégep de Saint-Jérôme. She married René Thibault in 1959, Thibault was permanently disabled in a tobogganing accident as a teenager, and uses a wheelchair. Thibault taught with the education department of the Milles-Îles and Des Écores school boards from 1973 to 1978. She worked for Télé-Métropole from 1977 to 1981, from 1982 to 1984 she was a host and researcher at the Canadian Broadcasting Corporation as for programs about family and community issues. She was the president for Quebecs Commission de la santé et de la sécurité du travail from 1987 to 1993. She was President and CEO of the Office des personnes handicapées du Québec from 1993 to 1995 and she became Quebecs first female viceroy, and the first disabled lieutenant governor in Canada. In February 2005 Thibault suffered a stroke and she was one of the longest serving lieutenant governors in Canadian history, serving for over ten years. Beginning in 2007, Thibault was accused of spending beyond the limits of her expense account, questions on her spending continued after her departure, with federal and provincial auditors general pointing to $700,000 in unjustified expenses. Among the expenses were, $45,000 for gifts without the names of recipients, $24,000 to transport her official van to the United States while she was on vacation, rather than renting a car there. $12,000 to the air service for a one-day fishing trip in the Gaspe region. $44,000 in tips paid by her bodyguards during hotel stays, the files were turned over to the Sûreté du Québec and Royal Canadian Mounted Police for investigation. She was criminally charged for offences involving fraud, breach of trust, forgery, in September 2015 she was sentenced 18 months in jail and was ordered to repay the government $300,000 after pleading guilty to fraud and breach of trust in 2014. Judge Carol St-Cyr outlined her crimes, pointing out that she took advantage of holes in the system and abused her position of authority to pay for trips, golf lessons, forgot that her role as lieutenant-governor was to be a good example for Quebecers. On 24 February 2016, the Quebec Court of Appeal upheld Thibaults 18-month sentence, and she was transferred in late February 2016 to the Leclerc Detention Centre in Laval, Quebec. She was granted a conditional release on 17 August 2016. April 2,1939 – January 30,1997, Ms. Lise Thibault Has Received 3 Honorary Degrees
22.
Aviation Industry Corporation of China
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Aviation Industry Corporation of China is a Chinese state-owned aerospace and defense company. It is ranked 159th place in the Fortune Global 500 lists, AVIC purchased American aircraft engine manufacturer Continental Motors, Inc. in 2010, and American aircraft manufacturer Cirrus in 2011. China Aviation Industry Corporation was a Chinese consortium of aircraft manufacturers, on July 1,1999, this consortium was split into China Aviation Industry Corporation I and China Aviation Industry Corporation II. On 28 October 2008, AVIC I and AVIC II officially merged because the previous separation resulted in split resources, the major focus of AVIC is to efficiently develop indigenous military technologies, and to eventually compete with Airbus and Boeing in the civilian airline industry. During the Airshow China 2008, AVIC appeared to the public for the first time
23.
China National Building Material
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CNBM is currently the largest cement and gypsum board producer in China. It is also the largest glass fiber producer in Asia, CNBM was listed on the Hong Kong Stock Exchange under IPO on 23 March 2006. CNBM joined the Hang Seng China Enterprises Index from 10 March 2008, in October 2013 CNBM entered into an agreement with Qatari Investors Group to expand the Al Khaliji Cement plant. Al Khaliji, a subsidiary of Qatari Investors Group, is planning to double clinker and production capacity at the plant to 12, 000tpd and 14, 000tpd, fLSmidth is to supply equipment and machinery for the US$190m expansion. In 2013, CNBM acquires China manufacturer of solar module Jetion Solar, in 2014, CNBM acquires German thin film manufacturer Avancis. In 2015, CNBM begun work on a new 1.5 GW CIGS fab in Bengbu, Anhui province, China, in what promises to become one of the largest CIGS manufacturing facilities in the country. In 2016, UK solar developers WElink Energy and British Solar Renewables have signed a £1.1 billion deal with CNBM to develop solar energy projects, advanced materials industry in China Chinese drywall China National Building Material Group China National Building Material Company Limited
24.
Constitution of Denmark
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The Constitutional Act of Denmark, or simply the Constitution, forms a part of the supreme law of Kingdom of Denmark, applying equally in Denmark, Greenland and the Faroe Islands. It lays down the framework defining fundamental political principles of governance and establishes the structure, procedures, powers, later sections set out fundamental rights and the duties of citizens, such as freedom of speech, freedom of religion and compulsory military service. The Kingdom is governed on the basis of this Constitutional Act but it is complemented by Royal Law, the Act of Succession and devolution arrangements in Greenland and the Faroe Islands. The government of Denmark, as described in Part One of the Constitutional Act, is a system under a constitutional monarchy. In its present form, the Constitutional Act is from 1953 and its adoption ended an absolute monarchy and introduced democracy. Denmark celebrates the adoption of the Constitution on 5 June—the date in which the Constitution was ratified—every year as Constitution Day, the Danish Parliament cannot make any laws which may be repugnant or contrary to the Constitutional Act. However, Denmark has no court, and establishing such a court would require a constitutional amendment. Changes to the Act must be confirmed by a majority in two parliamentary terms and the approval of the electorate through a national referendum. The Danish Constitution differs from all other Danish laws by virtue of its superseding status, as such, these laws are not permitted to contravene the provisions of the Constitution Act. The main principle of the Constitutional Act was to limit the Kings power and it creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation. The Constitution of 1849 established a parliament, the Rigsdag, consisting of the Landsting. The most significant change in the Constitution of 1953 was the abolishment of the Landsting, leaving the unicameral Folketing and it also enshrined fundamental civil rights, which remain in the current constitution, such as habeas corpus, private property rights and freedom of speech. The Constitutional Act has been changed very few times, but always with the consent of Danish citizens, the wording in the Act is so general that it can still be applied today, despite major changes in society and political life in the intervening years. However, since Denmark lacks a Constitutional Court, scrutiny of legislation for compatibility with the Constitution is a matter for ordinary courts, significantly this means that the actual testing of compatibility can only be instigated by a citizen or company who is affected by the question. When reading the Danish Constitution, it is important to bear in mind that the King is meant to be read as the government because of the symbolic status. This is a consequence of sections 12 and 13, by which the King executes his power through his ministers, an implication of these sections is that the monarch cannot act alone in disregard of the ministers, so the Danish monarch does not interfere in politics. The Danish Parliament is the power, enacting the laws of the country. The Cabinet is the power, formally acting out the role of the Monarch
25.
Monarchy of Denmark
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The Monarchy of Denmark, colloquially known as the Danish Monarchy, is a constitutional institution and a historic office of the Kingdom of Denmark. The Kingdom includes not only Denmark, but the regions of Greenland. The Kingdom of Denmark were already consolidated in the late 8th century, originally an elective monarchy, it became hereditary only in the 17th century during the reign of Frederick III. A decisive transition to a constitutional monarchy occurred in 1849 with the writing of the first Constitution, the current Royal House is a branch of the princely family of Glücksburg, originally from Schleswig-Holstein in Germany, the same royal house as the Norwegian and former Greek royal families. The Danish Monarchy is constitutional and as such, the role of the monarch is defined and limited by the Constitution of Denmark, the monarch is, in practice, limited to non-partisan functions such as bestowing honours and appointing the Prime Minister. The monarch and his or her immediate family undertake various official, ceremonial, diplomatic, Queen Margrethe II ascended the throne on the death of her father, King Frederick IX, on 14 January 1972. On her accession, Queen Margrethe II became the first female monarch of Denmark since Margrethe I, ruler of the Scandinavian countries in 1375‒1412, during the Kalmar Union. Danish regnal names have traditionally alternated between Frederick and Christian, Margrethe has taken the place of a Christian, and accordingly her heir apparent is Crown Prince Frederik. The modern Kingdom of Denmark dates back to Harthacnuts son, Gorm the Old, the first King of a united Scotland was King Kenneth MacAlpin who died around 80 years before Gorm the Old was born. The Danes were united and officially Christianized in 965 CE by Harald Bluetooth, furthermore, the Jelling stones attests that Harald had also won Norway. The son of Harald, Sweyn Forkbeard, mounted a series of wars of conquest against England, the reign of Cnut represented the peak of the Danish Viking age, his North Sea Empire included Denmark, Norway, England and held strong influence over the north-eastern coast of Germany. The last monarch descended from Valdemar IV, Christopher III of Denmark, Count Christian of Oldenburg, descendant of Valdemar IVs aunt Richeza, was chosen as his successor and became the next monarch of Denmark, ruling under the name Christian I. Originally the Danish monarchy was elective, but in practice the eldest son of the monarch was elected. Later a Coronation Charter was signed by the king to restrict the powers of the Danish monarch, in 1657, during the Second Northern War, King Frederick III launched a war of revenge against Sweden which turned into a complete disaster. The war became a disaster for two reasons, Primarily, because Denmarks new powerful ally, the Netherlands, remained neutral as Denmark was the aggressor and Sweden the defender. Secondly, the Belts froze over in an occurrence during the winter of 1657-1658. In the following Treaty of Roskilde, Denmark–Norway capitulated and gave up all of Eastern Denmark, in addition to the counties of Bohuslän, but the Second Northern War was not yet over. Three months after the treaty was signed, Charles X Gustav held a council of war where he decided to simply wipe Denmark from the map
26.
Pope
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The pope is the Bishop of Rome and, therefore, the leader of the worldwide Catholic Church. The current pope is Francis, who was elected on 13 March 2013, the office of the pope is the papacy. The pope is considered one of the worlds most powerful people because of his diplomatic and he is also head of state of Vatican City, a sovereign city-state entirely enclaved within the Italian capital city of Rome. The papacy is one of the most enduring institutions in the world and has had a prominent part in world history, the popes in ancient times helped in the spread of Christianity and the resolution of various doctrinal disputes. In the Middle Ages, they played a role of importance in Western Europe. Currently, in addition to the expansion of the Christian faith and doctrine, the popes are involved in ecumenism and interfaith dialogue, charitable work, Popes, who originally had no temporal powers, in some periods of history accrued wide powers similar to those of temporal rulers. In recent centuries, popes were gradually forced to give up temporal power, the word pope derives from Greek πάππας meaning father. The earliest record of the use of title was in regard to the by then deceased Patriarch of Alexandria. Some historians have argued that the notion that Peter was the first bishop of Rome, the writings of the Church Father Irenaeus who wrote around AD180 reflect a belief that Peter founded and organised the Church at Rome. Moreover, Irenaeus was not the first to write of Peters presence in the early Roman Church, Clement of Rome wrote in a letter to the Corinthians, c. 96, about the persecution of Christians in Rome as the struggles in our time and presented to the Corinthians its heroes, first, the greatest and most just columns, the good apostles Peter and Paul. St. Ignatius of Antioch wrote shortly after Clement and in his letter from the city of Smyrna to the Romans he said he would not command them as Peter and Paul did. Given this and other evidence, many agree that Peter was martyred in Rome under Nero. Protestants contend that the New Testament offers no proof that Jesus established the papacy nor even that he established Peter as the first bishop of Rome, others, using Peters own words, argue that Christ intended himself as the foundation of the church and not Peter. First-century Christian communities would have had a group of presbyter-bishops functioning as leaders of their local churches, gradually, episcopacies were established in metropolitan areas. Antioch may have developed such a structure before Rome, some writers claim that the emergence of a single bishop in Rome probably did not occur until the middle of the 2nd century. In their view, Linus, Cletus and Clement were possibly prominent presbyter-bishops, documents of the 1st century and early 2nd century indicate that the Holy See had some kind of pre-eminence and prominence in the Church as a whole, though the detail of what this meant is unclear. It seems that at first the terms episcopos and presbyter were used interchangeably, the consensus among scholars has been that, at the turn of the 1st and 2nd centuries, local congregations were led by bishops and presbyters whose offices were overlapping or indistinguishable
27.
Holy See
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The Holy See, also referred to as the See of Rome, is the ecclesiastical jurisdiction of the Catholic Church in Rome, the episcopal see of the Pope, and an independent sovereign entity. It serves as the point of reference for the Catholic Church everywhere. Today, it is responsible for the governance of all Catholics, organised in their Particular Churches, Patriarchates, as an independent sovereign entity, holding the Vatican City enclave in Rome as sovereign territory, it maintains diplomatic relations with other states. Diplomatically, the Holy See acts and speaks for the whole church and it is also recognised by other subjects of international law as a sovereign entity, headed by the Pope, with which diplomatic relations can be maintained. The creation of the Vatican City state was meant to ensure the diplomatic, in Greek, the adjective holy or sacred is constantly applied to all such sees as a matter of course. The word see comes from the Latin word sedes, meaning seat, while Saint Peters basilica in Vatican City is perhaps the church most associated with the Papacy, the actual cathedral of the Holy See is the church of Saint John Lateran within the city of Rome. The Pope governs the Catholic Church through the Roman Curia, the Secretariat of State, under the Cardinal Secretary of State, directs and coordinates the Curia. The incumbent, Archbishop Pietro Parolin, is the Sees equivalent of a prime minister, Archbishop Paul Gallagher, Secretary of the Section for Relations with States of the Secretariat of State, acts as the Holy Sees minister of foreign affairs. Parolin was named in his role by Pope Francis On 31 August 2013, mamberti was named in his role by Pope Benedict XVI in September 2006. The Secretariat of State is the body of the Curia that is situated within Vatican City. The others are in buildings in different parts of Rome that have rights similar to those of embassies. The Roman Rota handles normal judicial appeals, the most numerous being those that concern alleged nullity of marriage and it also oversees the work of other ecclesiastical tribunals at all levels. The most important of these is the Administration of the Patrimony of the Apostolic See, the Prefecture of the Papal Household is responsible for the organization of the papal household, audiences, and ceremonies. The Holy See does not dissolve upon a Popes death or resignation and it instead operates under a different set of laws sede vacante. The government of the See, and therefore of the Catholic Church, canon law prohibits the College and the Camerlengo from introducing any innovations or novelties in the government of the Church during this period. In 2001, the Holy See had a revenue of 422.098 billion Italian lire, the Guardian newspaper described Mennini and his role in the following manner. Paolo Mennini, who is in effect the popes merchant banker, Mennini heads a special unit inside the Vatican called the extraordinary division of APSA – Amministrazione del Patrimonio della Sede Apostolica – which handles the patrimony of the Holy See. The Holy See has been recognized, both in practice and in the writing of modern legal scholars, as a subject of public international law, with rights
28.
Vatican City
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Vatican City, officially Vatican City State or the State of Vatican City, is a walled enclave within the city of Rome. With an area of approximately 44 hectares, and a population of 842, however, formally it is not sovereign, with sovereignty being held by the Holy See, the only entity of public international law that has diplomatic relations with almost every country in the world. It is an ecclesiastical or sacerdotal-monarchical state ruled by the Bishop of Rome – the Pope, the highest state functionaries are all Catholic clergy of various national origins. Vatican City is distinct from the Holy See, which dates back to early Christianity and is the episcopal see of 1.2 billion Latin. According to the terms of the treaty, the Holy See has full ownership, exclusive dominion, within Vatican City are religious and cultural sites such as St. Peters Basilica, the Sistine Chapel and the Vatican Museums. They feature some of the worlds most famous paintings and sculptures, the unique economy of Vatican City is supported financially by the sale of postage stamps and tourist mementos, fees for admission to museums, and the sale of publications. The name Vatican City was first used in the Lateran Treaty, signed on 11 February 1929, the name is taken from Vatican Hill, the geographic location of the state. Vatican is derived from the name of an Etruscan settlement, Vatica or Vaticum meaning garden, located in the area the Romans called vaticanus ager. The official Italian name of the city is Città del Vaticano or, more formally, Stato della Città del Vaticano, although the Holy See and the Catholic Church use Ecclesiastical Latin in official documents, the Vatican City officially uses Italian. The Latin name is Status Civitatis Vaticanæ, this is used in documents by not just the Holy See. The name Vatican was already in use in the time of the Roman Republic for an area on the west bank of the Tiber across from the city of Rome. Under the Roman Empire, many villas were constructed there, after Agrippina the Elder drained the area and laid out her gardens in the early 1st century AD. In AD40, her son, Emperor Caligula built in her gardens a circus for charioteers that was completed by Nero, the Circus Gaii et Neronis, usually called, simply. Even before the arrival of Christianity, it is supposed that this originally uninhabited part of Rome had long considered sacred. A shrine dedicated to the Phrygian goddess Cybele and her consort Attis remained active long after the Constantinian Basilica of St. Peter was built nearby, the particularly low quality of Vatican water, even after the reclamation of the area, was commented on by the poet Martial. The Vatican Obelisk was originally taken by Caligula from Heliopolis in Egypt to decorate the spina of his circus and is thus its last visible remnant and this area became the site of martyrdom of many Christians after the Great Fire of Rome in AD64. Ancient tradition holds that it was in this circus that Saint Peter was crucified upside-down, opposite the circus was a cemetery separated by the Via Cornelia. Peters in the first half of the 4th century, the Constantinian basilica was built in 326 over what was believed to be the tomb of Saint Peter, buried in that cemetery
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Special administrative regions of China
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Article 31 reads, The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National Peoples Congress in the light of the specific conditions. Pursuant to their Joint Declarations, which are binding inter-state treaties registered with the United Nations, and their Basic laws, there is additionally the Wolong Special Administrative Region in Sichuan province, which is however not established according to Article 31 of the Constitution. Generally, two SARs does not constitute the part of Mainland China by both Chinese and SAR authorities and it was envisioned as the model for the eventual reunification with Taiwan and other islands, where the Republic of China has resided since 1949. Special administrative regions should not be confused with special economic zones, Special administrative regions should be distinguished from the constituent countries system in the United Kingdom or Kingdom of the Netherlands. There are currently two special administrative regions established according to Article 31 of the Chinese Constitution, for the Wolong Special Administrative Region in Sichuan province, please see the section below. The two special regions of Hong Kong and Macau each have a codified constitution called Basic Law. The law provides the regions with a degree of autonomy, a separate political system. Currently, the two SARs of Hong Kong and Macau are responsible for all affairs except those regarding diplomatic relations, however, in some diplomatic talks involving a SAR, the SAR concerned may choose to send officials to be part of the Chinese delegation. The Government of Hong Kong has established Hong Kong Economic and Trade Offices in few countries as well as Greater China Region, HKETOs serve as a quasi-interests section in favor of Hong Kong. For regions with no HKETOs, Chinese diplomatic missions take charge of protecting Hong Kong-related interest, some countries which have a diplomatic relation with central Chinese government maintain Consulate-General in Hong Kong. The Peoples Liberation Army is garrisoned in both SARs, PRC authorities have said the PLA will not be allowed to interfere with the local affairs of Hong Kong and Macau, and must abide by its laws. In 1988, scholar Chen Fang of the Academy of Military Science even tried to propose the One military, the PLA does not participate in the governance of the SAR but the SAR may request them for civil-military participation, in times of emergency such as natural disasters. Defence is the responsibility of the PRC government, a 1996 draft PRC law banned Peoples Liberation Army-run businesses in HK, but loopholes allow them to operate while the profits are ploughed back into the military. There are many PLA-run corporations in Hong Kong, the PLA also have sizable land-holdings in Hong Kong worth billions of dollars. Each of the SARs issues passports on its own to its permanent residents who are concurrently Chinese citizens, due to their colonial past, many inhabitants of the SARs hold some form of non-Chinese nationality. However, SAR residents who are Chinese descent have always considered as Chinese citizens by the PRC authorities. However, such travel documents cannot be used to travel to mainland China, therefore, master nationality rule applies so the holder may not enjoy consular protection while in mainland China
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Constitution of Iceland
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The Constitution of Iceland is the supreme law of Iceland. It is composed of 80 articles in seven sections, and within it the leadership arrangement of the country is determined, the current constitution was first instituted on June 17,1944, since then, it has been amended seven times. In the 19th century, the Icelandic independence movement was gaining momentum, while nationalism, in June 1849, the king of Denmark was forced to meet the demands of the liberals and the nationalists, and agree to a constitution for Denmark and thus also with Iceland. This constitution repealed the absolute monarchy and established a monarchy in which power over most important issues was handed over to a parliament elected by the people. This change was not well-received with Icelanders, as it in reality translated to reduced autonomy for Iceland, before 1849, Icelanders had officially ruled themselves as they happened to see fit in domestic matters. But now those matters were falling under the control of parliaments over which Icelanders had no influence, but when said region was annexed by Prussia in 1867, new conditions were created and stöðulögin were passed 1871, which determined the standing of Iceland in relation to the Danish state. In 1874, on the anniversary of the settlement in Iceland, Christian IX became king of Denmark. This opportunity was used to give Iceland its own separate constitution and this constitution was called Stjórnarskrá um hin sérstaklegu málefni Íslands, and was the basis of Icelands current constitution. With the sambandslögunum of 1918, Iceland became a sovereign state and this constitution was called Stjórnarskrá konungsríkisins Íslands. In early 1944 the Althing approved the cancellation of the sambandslögin and agreed to a new constitution, an election was run in May of the same year and had a turnout of 98%. 97% voted to break off the current relationship law with Denmark, on June 17,1944 the Althing met at Þingvellir, where the constitution was ratified and the republic established. After the ratification of the constitution, it has been amended seven times in total, mostly due to changes in the structure of the constituencies of Iceland, in 1991 the organization of Althing changed so that it now worked in one house rather than two as previously before. Extensive modifications were made in 1995 when the human rights sections of the constitution were reviewed, section I states that Iceland is a Republic with a parliamentary government, and the Althing and the president jointly exercise legislative power and judges exercise judicial power. Section II contains articles 3 through 30, and states where the Presidential Seat is, meetings with the Althingi, and presidential rights. Section III contains articles 31–34, and defines term limits for Althingi members, section IV contains articles 35-58, and defines the major issues concerning the activity of the parliament and determines the rights and power of the MPs. The section says that nobody is allowed to approve a bill before three readings in the Althing, and Althing meetings shall take place in public unless approved by the Parliament. The majority of MPs must be present to deal with an issue, many other parliamentary procedural rules are legally defined according to the 58th article. Section V contains articles 59-61, and describes the regulation of judiciary and it says that the judiciary may be established by law, that the judiciary will settle disputes around competence of authorities, and that the judiciary shall be guided solely by law
31.
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
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President of India
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The President of the Republic of India is the Head of State of India and the Commander-in-chief of the Indian Armed Forces. The oath of the President is taken in the presence of the Chief Justice of India, the President resides in an estate known as the Rashtrapati Bhavan situated in Raisina Hill in New Delhi. The presidential retreats are The Retreat in Chharabra, Shimla and Rashtrapati Nilayam in Hyderabad, the 13th and current President is Pranab Mukherjee, who was elected on 22 July 2012, and sworn in on 25 July 2012. He is also the first Bengali to be elected as President, India achieved independence from the British on 15 August 1947, initially as a Dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Still, following this, the Constituent Assembly of India, under the leadership of Dr. B. R. Ambedkar, the Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, the constitution of the Republic of India gave the President the responsibility and authority to defend and protect the constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after Presidents assent, the president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution, the primary duty of the President is to preserve, protect and defend the constitution and the law of India as made part of his oath. The President is the head of all independent constitutional entities. All his actions, recommendations and supervisory powers over the executive and legislative entities of India shall be used in accordance to uphold the constitution, there is no bar on the actions of the President to contest in the court of law. Legislative power is vested by the Parliament of India of which the president is the head. The President of the Republic summons both the Houses of the Parliament and prorogues them and he can dissolve the Lok Sabha. The President inaugurates Parliament by addressing it after the general elections, the Presidential address on these occasions is generally meant to outline the new policies of the government. All bills passed by the Parliament can become laws only after receiving the assent of the President per Article 111, after a bill is presented to him, the President shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to Parliament, if it is not a money bill, when, after reconsideration, the bill is passed accordingly and presented to the President, with or without amendments, the President cannot withhold his assent from it. Article 143 gave power to the president to consult the Supreme Court about the validity of any issue. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval, ordinances remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier. Re-promulgation of ordinances after failing to get approval within stipulated time of the houses of parliament is unconstitutional act by the President
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Supreme Court of Ireland
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The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of appeal and exercises, in conjunction with the Court of Appeal. The Supreme Court also has jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and it sits in the Four Courts in Dublin. The Supreme Court was formally established on 29 September 1961 under the terms of the 1937 Constitution of Ireland, the latter court was established by the Courts of Justice Act 1924 under the terms of the 1922 Constitution of the Irish Free State. Whereas the 1924 act was a revision of the courts foundation preserving little of the 1877 arrangement. The Supreme Court consists of its president called the Chief Justice, there are two ex officio members, the President of the Court of Appeal who normally sits in the Court of Appeal, and the President of the High Court who normally sits in the High Court. The Supreme Court sits in divisions of three, five or seven judges, two or more divisions may sit at the same time. List of Justices of the Supreme Court of Ireland Under the Courts, judges appointed prior to the coming into operation of that Act may continue in office until aged 72. The Courts Act,1997 limited the term of office of an appointed to the post of Chief Justice after the coming into operation of the Act to a period of seven years. A former Chief Justice may continue as a member of the Court until he or she reaches the statutory retirement age, the Courts power to hear appeals can be severely restricted or excluded altogether, with the exception of appeals concerning the consistency of a law with the constitution. The Supreme Court also hears points of law referred to it from the Circuit Court, the Supreme Court only has original jurisdiction in two cases. The Supreme Court exercises, in conjunction with the High Court, the courts also grant injunctions against public bodies, private bodies and citizens to ensure compliance with the constitution. The Irish constitution explicitly provides for the review of legislation. The constitution also provides, under Article 26, for the review of bills before they are signed into law. The power to refer bills is personally exercised by the President after consulting the Council of State, when the Supreme Court upholds the constitutionality of a bill referred to it under Article 26, its constitutionality can never again be questioned in any court whatsoever. Supreme Court judges are free to deliver their own judgements. There is an exception when considering the constitutionality of a bill referred by the President under Article 26 of the Constitution, for which only a single judgment can be delivered. Formerly, the single-judgment rule also applied when considering the constitutionality of an Act of the Oireachtas passed under the 1937 Constitution, Acts passed prior to 1937 have always permitted multiple judgments
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Irish Free State
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The Irish Free State was an independent state established in 1922 under the Anglo-Irish Treaty of December 1921. That treaty ended the three-year Irish War of Independence between the forces of the self-proclaimed Irish Republic, the Irish Republican Army, and British Crown forces, the Free State was established as a Dominion of the British Commonwealth of Nations. It comprised 26 of the 32 counties of Ireland, Northern Ireland, which comprised the remaining six counties, exercised its right under the Treaty to opt out of the new state. W. T. Cosgrave, who had led both of these governments since August 1922, became the first President of the Executive Council, the legislature consisted of Dáil Éireann and Seanad Éireann, also known as the Senate. Members of the Dáil were required to take an Oath of Allegiance, the oath was a key issue for opponents of the Treaty, who refused to take the oath and therefore did not take their seats. Pro-Treaty members, who formed Cumann na nGaedheal in 1923, held a majority in the Dáil from 1922 to 1927. In the first months of the Free State, the Irish Civil War was waged between the newly established National Army and the anti-Treaty IRA, who refused to recognise the state. The Civil War ended in victory for the government forces, with the anti-Treaty forces dumping its arms in May 1923, the anti-Treaty political party, Sinn Féin, refused to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera failed to have this policy reversed, he resigned from Sinn Féin, Fianna Fáil entered the Dáil following the 1927 general election, and entered government after the Irish general election,1932, when it became the largest party. De Valera abolished the Oath of Allegiance and embarked on a war with Britain. In 1937 he drafted a new constitution, which was passed by a referendum in July of that year, the Free State came to an end with the coming into force of the new constitution on 29 December 1937. Under the new constitution the Irish state was named Ireland, meanwhile, opposition increased to Irelands participation in World War I in Europe and the Middle East. This came about when the Irish Parliamentary Party supported the Allied cause in World War I in response to the passing of the Third Home Rule Bill in 1914. Many people had begun to doubt whether the Bill, passed by Westminster in September 1914 but suspended for the duration of the war, Sinn Féin, the Irish Party and all other Nationalist elements joined forces in opposition to the idea during the Conscription Crisis of 1918. At the same time the Irish Parliamentary lost in support on account of the crisis, Irish republicans felt further emboldened by successful anti-monarchical revolutions in the Russian Empire, the German Empire, and the Austro-Hungarian Empire. The Sinn Féin party, founded by Arthur Griffith in 1905, had espoused non-violent separatism, under Éamon de Valeras leadership from 1917, it campaigned aggressively and militantly for an Irish republic. On 21 January 1919, Sinn Féin MPs, refusing to sit at Westminster, assembled in Dublin and it affirmed the formation of an Irish Republic and passed a Declaration of Independence, the irish people is resolved. To promote the common weal, to re-establish justice, with equal rights and equal opportunity for every citizen
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Constitution of Italy
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The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 15 times, was promulgated in the edition of Gazzetta Ufficiale No.298 on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, the Constitution came into force on 1 January 1948, one century after the Statuto Albertino had been enacted. Although the latter remained in force after Benito Mussolinis March on Rome in 1922, wherever an Italian died to redeem freedom and dignity, go there young people and ponder, because that was where our Constitution was born. All the different political and social views of the Assembly contributed in shaping and influencing the final text of the Constitution and this has been repeatedly described as the constitutional compromise, and all the parties that shaped the Constitution were referred to as the arco costituzionale. These members came from all walks of life, including politicians, philosophers and partisans and it is important to note that the Constitution primarily contains general principles, it is not possible to apply them directly. As with many written constitutions, only few articles are considered to be self-executing, the majority require enabling legislation, referred to as accomplishment of constitution. This process has taken decades and some contend that, due to political considerations. While the Principles recognise a central government and the integrity of the State, they also recognise and promote local autonomies. They also promote scientific, technical and cultural development, and safeguard the environmental, historical, the State and the Church are recognised as independent and sovereign, each within its own sphere. In fact, the treaty was modified by a new agreement between church and state in 1984. The last of the Principles establishes the Italian tricolour as the Flag of Italy, green, white and red, articles 13–28 are the Italian equivalent of a bill of rights in common law jurisdictions. Every citizen is free to travel, both outside and inside the territory of the Republic, with restrictions granted only for eventual health, security, citizens have the right to freely assemble, both in private and public places, peacefully and unarmed. Notifications to the authorities is required only for meetings on public lands. The Constitution recognises the freedom of association, within the limits of criminal law, secret associations and organisations having military character are forbidden. Freedom of expression, press and religion are guaranteed in public places, for example, hate speech, calumny and obscenity in the public sphere are considered criminal offences by the Italian Criminal Code. Every citizen is protected from persecution and cannot be subjected to personal or financial burden outside of the law. The right to a trial is guaranteed, with everyone having the right to protect their rights regardless of their economic status
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President of Italy
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The President of the Italian Republic is the head of state of Italy and, in that role, represents national unity and guarantees that Italian politics comply with the Constitution. The presidents term of office lasts for seven years, the 11th President of the Republic, Giorgio Napolitano, was elected on 10 May 2006, and elected to a second term for the first time in Italian Republic history, on 20 April 2013. On 31 January 2015, the incumbent President, former Constitutional judge Sergio Mattarella, was elected at the ballot with 665 votes out of 1,009. The framers of the Constitution of Italy intended for the President to be a statesman of some stature. Article 84 states that any citizen who is fifty or older on election day and enjoys civil and those citizens who already hold any other office are prohibited from becoming President unless they resign their previous office once they are elected. The 1948 Italian Constitution does not have term limits although until 2013 no Italian President of the Republic had run for a term of office. He made it clear, however, that he would not serve his full term, three representatives come from each region, save for the Aosta Valley, which appoints one, so as to guarantee representation for all localities and minorities. According to the Constitution, the election must be held by a ballot, with the 315 Senators, the 630 Deputies. A two-thirds vote is required to elect on any of the first three rounds of balloting, after that, a majority suffices. The election is presided over by the Speaker of the Chamber of Deputies, the vote is held in the Palazzo Montecitorio, home of the Chamber of Deputies, which is expanded and re-configured for the event. The President assumes office after having taken an oath before Parliament, the Presidents term may end by, voluntary resignation, death, permanent disability, due to serious illness, dismissal, as for crimes of high treason or an attack on the Constitution. Former Presidents of the Republic are called Presidents Emeritus of the Republic and are appointed Senator for life, in the absence of the President of the Republic, including travel abroad, presidential functions are performed by the President of the Senate. In judicial matters, Presiding over the Consiglio Superiore della Magistratura, Naming one-third of the Constitutional Court, in practice, the Presidents office is mostly, though not entirely, ceremonial. Many of the others are duties that he is required to perform, however, pardons and commutations have been recognized as autonomous powers of the President. The President resides in Rome at the Quirinal Palace, and also has at his disposal the presidential holdings of Castelporziano, near Rome, and Villa Rosebery, in Naples. There is one living former Italian President, Italian presidential election,2015 List of Presidents of Italy Wife of the President of the Italian Republic Official site
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Italy
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Italy, officially the Italian Republic, is a unitary parliamentary republic in Europe. Located in the heart of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia, San Marino, Italy covers an area of 301,338 km2 and has a largely temperate seasonal climate and Mediterranean climate. Due to its shape, it is referred to in Italy as lo Stivale. With 61 million inhabitants, it is the fourth most populous EU member state, the Italic tribe known as the Latins formed the Roman Kingdom, which eventually became a republic that conquered and assimilated other nearby civilisations. The legacy of the Roman Empire is widespread and can be observed in the distribution of civilian law, republican governments, Christianity. The Renaissance began in Italy and spread to the rest of Europe, bringing a renewed interest in humanism, science, exploration, Italian culture flourished at this time, producing famous scholars, artists and polymaths such as Leonardo da Vinci, Galileo, Michelangelo and Machiavelli. The weakened sovereigns soon fell victim to conquest by European powers such as France, Spain and Austria. Despite being one of the victors in World War I, Italy entered a period of economic crisis and social turmoil. The subsequent participation in World War II on the Axis side ended in defeat, economic destruction. Today, Italy has the third largest economy in the Eurozone and it has a very high level of human development and is ranked sixth in the world for life expectancy. The country plays a prominent role in regional and global economic, military, cultural and diplomatic affairs, as a reflection of its cultural wealth, Italy is home to 51 World Heritage Sites, the most in the world, and is the fifth most visited country. The assumptions on the etymology of the name Italia are very numerous, according to one of the more common explanations, the term Italia, from Latin, Italia, was borrowed through Greek from the Oscan Víteliú, meaning land of young cattle. The bull was a symbol of the southern Italic tribes and was often depicted goring the Roman wolf as a defiant symbol of free Italy during the Social War. Greek historian Dionysius of Halicarnassus states this account together with the legend that Italy was named after Italus, mentioned also by Aristotle and Thucydides. The name Italia originally applied only to a part of what is now Southern Italy – according to Antiochus of Syracuse, but by his time Oenotria and Italy had become synonymous, and the name also applied to most of Lucania as well. The Greeks gradually came to apply the name Italia to a larger region, excavations throughout Italy revealed a Neanderthal presence dating back to the Palaeolithic period, some 200,000 years ago, modern Humans arrived about 40,000 years ago. Other ancient Italian peoples of undetermined language families but of possible origins include the Rhaetian people and Cammuni. Also the Phoenicians established colonies on the coasts of Sardinia and Sicily, the Roman legacy has deeply influenced the Western civilisation, shaping most of the modern world
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