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Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he cannot perform his duties.
Derogation is a legal term of art, [1] [2] which allows for part or all of a provision in a legal measure to be applied differently, or not at all, in certain cases. [3] The term is also used in Catholic canon law, [4] [full citation needed] and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law.
In public law, abrogation is the proposing away of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. [1] [2] The abrogation of such a responsibility or duty, unless required by primary legislation [3] would amount to an unconstitutional delegation of power to a foreign government or other sovereign power.
There is a wide range of legal immunities that may be invoked in the name of the right to rule. In international law, immunities may be created when states assert powers of derogation, as is permitted, for example, from the European Convention on Human Rights "in times of war or other public emergency." Equally familiar examples include the ...
The maxim was first cited by the Supreme Court of the United States in United States v. Sav. Bank, 104 U.S. 728 (1881) in which the case summary reports that one of the litigants argued, "The duty imposed by statute on the commissioner cannot be delegated to a collector. Delegata potestas non potest delegari."
The Court of Appeal established in 2011 that the duty to carry out a risk assessment is a duty which cannot be delegated. [27] An Ministry of Defence (MOD) employee had been injured at an event and sought compensation. At the court hearing the MOD sought to transfer responsibility for completing a suitable and sufficient risk assessment to the ...
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it.
A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies. / m æ n ˈ d eɪ m ə s / mare clausum: closed sea A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is ...