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Article 13 of the Constitution of Italy, which is the Italian equivalent of a bill of rights in common law jurisdictions. Article 13 of the Constitution of Japan , which asserts the right of the people "to be respected as individuals" and, subject to "the public welfare", to "life, liberty, and the pursuit of happiness".
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
When a law or other act of government is challenged as a violation of individual liberty under the due process clause, courts nowadays primarily use two forms of scrutiny, or judicial review, which is used by the Judicial Branch. This inquiry balances the importance of the governmental interest being served and the appropriateness of the ...
First, the "social thesis": law is essentially a human creation and therefore its content is ultimately determined by social facts, such as acts of legislation, judicial decisions, and customs. Second, the "separation thesis": law and morality are conceptually distinct phenomena and therefore a norm can belong to the law even if is unjust or ...
The Articles of Confederation and Perpetual Union was an agreement among the 13 states of the United States, formerly the Thirteen Colonies, that served as the nation's first frame of government. It was debated by the Second Continental Congress at Independence Hall in Philadelphia between July 1776 and November 1777, and finalized by the ...
Under the modern interpretation of "advice and consent," a presidential appointment must be confirmed by majority vote in the Senate in order to take effect. [50] Article II, Section 2 gives Congress the discretion to vest the appointment of "inferior officers" in either the President alone, the heads of departments, or the lower federal courts ...