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The concept of “legal state” (“pravovoe gosudarstvo” in Russian) is a fundamental, but undefined, principle that appears in the very first dispositive provision of Russia's post-Communist constitution: “The Russian Federation – Russia – constitutes a democratic federative legal state with a republican form of governance.”
The Law, between Justice and State Power, allegory by Dominique Antoine Magaud (1899) Rechtsstaat (German: [ˈʁɛçt͡sˌʃtaːt] ⓘ; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence.
When a law is construed to preempt, the result is a broad and indiscriminate extinguishment of substantive and remedial state law, and sensitive to this problem, the Court has occasionally said, in cases like Wyeth v. Levine (2009), that it will find preemption only if Congress has clearly expressed preemptive intent. [13]
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification.
If laws are applied too strictly and mechanically, the law cannot keep pace with social innovation. Similarly, if there is an entirely new situation, a return to the policies forming the basic assumptions underpinning potentially relevant rules of law identifies the best guidelines for resolving the immediate dispute.
Then-Gov. Jerry Brown signed the California Values Act into law in 2017, limiting state and local law enforcement's cooperation with federal immigration agents. A 2018 law aimed to 'Trump-proof ...
Because the lawsuit over the false impersonation law's constitutionality is likely to succeed, the state Supreme Court ordered the lower court to reconsider issuing an emergency injunction against it.
This is an accepted version of this page This is the latest accepted revision, reviewed on 1 March 2025. Constitution of the United States The United States Congress enacts federal statutes in accordance with the Constitution. The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal ...