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In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...
Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." [3] Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator.
Magna Carta is an English charter originally issued in 1215 which influenced the development of the common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights, the 1789 United States Constitution, and the 1791 United States Bill of Rights.
The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. [ 214 ] [ 215 ] It is a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social ...
The phrase "peace, order and good government" appears in many 19th and 20th century British Acts of Parliament, such as the New Zealand Constitution Act 1852, the Colonial Laws Validity Act 1865, the British Settlements Act 1887, [15] the Commonwealth of Australia Constitution Act 1900, the South Africa Act 1909, Hong Kong Letters Patent 1917 ...
Shulman, Mark R. "The four freedoms: Good neighbors make good law and good policy in a time of insecurity." Fordham Law Review 77 (2008): 555–581 online. Wesley, Charles H., et al. "The Negro has Always Wanted The Four Freedoms." in What the Negro Wants, edited by Rayford W. Logan, (University of Notre Dame Press, 2001) pp. 90–112. online
The test was developed in the Handyside v.United Kingdom, Silver v. United Kingdom, and Lingens v. Austria cases, related to freedom of expression. It has also been invoked in cases involving state surveillance, which the court acknowledges can constitute an Article 8 violation but may be "strictly necessary for safeguarding the democratic institutions" (Klass and Others v.