Preliminaries to Court Appearance

2019 ◽  
Author(s):  
John Sprack ◽  
Michael Engelhardt–Sprack
Keyword(s):  
Police Officer ◽  
Constitutional Law ◽  
The Subject ◽  
Court Appearance

This Chapter aims to deal with what happens to a suspect between initially being questioned by a police officer about an offence and making his first court appearance. The subject is a wide-ranging one, involving evidence and constitutional law as well as procedure proper. The aim is to give an overall impression of what happens to a suspect, concentrating especially on police procedure and practice. For those aspects of the subject which are more properly the province of constitutional law or evidence (e.g., powers of arrest and search or the exclusion of inadmissible confessions), the reader is referred for details to Blackstone’s Criminal Practice 2019, especially sections D1 and F2.

State Constitutional Law in 1929–1930

1930 ◽  
Vol 24 (3) ◽  
pp. 666-686 ◽  
Author(s):  
Oliver P. Field
Keyword(s):  
Constitutional Law ◽  
State Courts ◽  
State Constitutions ◽  
Course Of Action ◽  
The Subject ◽  
State Constitutional Law

State courts determine, in the absence of constitutional provision to the contrary, whether amendments to state constitutions have been proposed and adopted in the manner provided for these constitutions. Not every minor deviation from the course of action marked out in the constitution for its amendment is deemed sufficient to justify the court in declaring that the amendment has been “unconstitutionally adopted,” but whether these deviations are serious enough to warrant such a declaration is a question to be determined by the courts themselves. Statutes supplementing constitutional provisions on the subject of amendment are valid if not in conflict with the constitutional provisions themselves, and substantial compliance with these rules is also required by the courts. Sometimes the provisions regulating the subject of publication of proposed amendments are constitutional; at other times they are statutory. In either case, publication in the manner provided for, and for the period of time provided for, is necessary to the validity of the amendment. Publication for two weeks, when the period should have been four weeks, was deemed sufficient by the Nebraska court to invalidate the amendment involved.

scholarly journals Object and subject of staffing of the national police of Ukraine at the regional level

2020 ◽  
Vol 9 (26) ◽  
pp. 174-180
Author(s):  
Oleg Volodymyrovych Martselyak ◽  
Vladyslav Volodymyrovych Karelin ◽  
Ihor Mykhailovych Koropatnik ◽  
Rostislav Andriyovych Kalyuzhnyi
Keyword(s):  
Police Officer ◽  
Regional Level ◽  
Police Authority ◽  
The Subject ◽  
Points Of View ◽  
The Law ◽  
Compliance With The Law ◽  
National Police ◽  
Logical Semantic

The purpose of the article is to investigate the specifics of the object and subject of staffing of the National Police of Ukraine at the regional level based on scientific points of view and regulatory legal acts. Writing the article, the following methods were used: dialectical, logical-semantic, and logical-legal methods. The relevance of the article is in the need to study the essence of the object and subject of staffing of the National Police at the regional level. The subject of the study is the legislation of Ukraine regarding the requirements for a police officer as an object of the police staffing, including at the regional level. The features of object and subject of the police staffing at the regional level are identified in the paper, as well as the restrictions that are currently placed upon the police officer on recruitment. The guarantees, determined by the law and which the police officer can use during the performance of official duties, are analyzed. The legislative requirements for candidates for senior posts are examined. The powers of the head of the territorial police authority are administrative and regulatory in nature, as evidenced by their rights and obligations. The authors concluded that the service in the National Police at the regional level is specific, requires professionalism and compliance with the law, which underlines the urgent need to strengthen staffing in this area. In addition, the author’s opinion of the concepts of the object and subject of staffing of the National Police of Ukraine at the regional level is provided due to the results of the study.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

O VIDOVDANSKOM USTAVU IZ NEKOLIKO PERSPEKTIVA

2021 ◽  
Author(s):  
Aleksa Nikolić ◽  
Keyword(s):  
Constitutional Law ◽  
Legal Analysis ◽  
Before And After ◽  
The Subject ◽  
Points Of View ◽  
The Creation

From the creation until the adoption of the Constitution of 1921 (the so-called Vidovdan Constitution), the Kingdom of Serbs, Croats and Slovenes wandered aimlessly in the constitutional provisional for almost three years. The Vidovdan Constitution finally established some kind of legal organization of the newly formed state. However, the subject of this paper will not be the analysis of social and political circumstances before and after the adoption of the Vidovdan Constitution, but the author will analyze different views on the Vidovdan Constitution from the pens of the most important Serbian, Croatian and Slovenian constitutional lawyers. In that way, through a comprehensive comparative legal analysis, a big step will be made towards shedding light on all the problems that burdened the newly formed kingdom from the start, and which were a stumbling block in building stable relations between Serbs, Croats and Slovenes. Based on the analysis of the mentioned different points of view on the Vidovdan Constitution, the author will point out the most controversial elements of the biggest names in the constitutional law of Serbia, Croatia and Slovenia and report certain conclusions about the nature and character of the Vidovdan Constitution.

Recht für die Kindheitspädagogik

2021 ◽  
Author(s):  
Christopher A. Schmidt ◽  
Annette Rabe
Keyword(s):  
Early Childhood ◽  
Constitutional Law ◽  
Family Law ◽  
Social Benefits ◽  
Labour Law ◽  
Childhood Education ◽  
Liability Law ◽  
Child And Youth Welfare ◽  
The Subject ◽  
Selection Of

Childhood education (early childhood education and upbringing) is gaining in importance nationwide. Nevertheless, until now there has been no textbook that presents the areas of law which relate to this field in a compact form. This work is intended to rectify this shortcoming. It covers constitutional law, contract and liability law, family law, child and youth welfare law, important social benefits for children and their families, and labour law. The selection of topics the book examines is based on the needs of study and practice. Its extensive index facilitates searching for individual topics, while practical tips and examples illustrate the subject matter. The authors are judges, lawyers and mediators who teach in Esslingen and Ludwigsburg.

scholarly journals El Derecho constitucional y los textos para su enseñanza. A proposito del "Diritto costituzionale" de Giuseppe de Vergottini

2018 ◽  
pp. 271
Author(s):  
Pablo Lucas Murillo de la Cueva
Keyword(s):  
Constitutional Law ◽  
The Subject

Publicada en otoño de 2017, la 9ª edición del Diritto costituzionale de Giuseppe de Vergottini, un completo y puesto al día tratado de Derecho constitucional italiano, no sólo es un texto útil para profesores y alumnos sino también para los investigadores. Es un logrado ejemplo de manual de nuestros días sobre esa materia.Published in autumn 2017, the 9th edition of Giuseppe de Vergottini’s Diritto costituzionale, a comprehensive and up to date study of italian Constitutional Law, is not only useful for professors and students but also for researchers. It is an achieved example of today’s handbooks on the subject.

Teaching Constitutional Law Using Real-life Examples: An Example from the Practice of Assent to Bills Passed by the National Assembly After the Tenure of Office of the President and the Assembly

2020 ◽  
Vol 7 (2) ◽  
pp. 140-151
Author(s):  
Chukwuka Onyeaku ◽  
Tonye Clinton Jaja
Keyword(s):  
Supreme Court ◽  
Federal Republic ◽  
Constitutional Law ◽  
Real Life ◽  
Case Law ◽  
Legislative Process ◽  
National Assembly ◽  
The Supreme Court ◽  
The Subject

As a matter of tradition and necessity, teachers of constitutional law within Nigeria (and elsewhere) are often compelled to refer to case law to provide illustrations of principles of constitutional law as enshrined in the constitution of the Federal Republic of Nigeria, 1999 (as amended). However, in some instances, where the said constitution does not provide explicit provisions, teachers of constitutional law are compelled to cite foreign case law as persuasive precedents. Still there are instances wherein there are neither foreign case law nor indigenous case law as precedents. In such situations, teachers of constitutional law are compelled to examine existing case law and relevant legislation until there is a pronouncement from either the Supreme Court or an alteration of the constitution by the National Assembly. One such situation is the subject of the analysis in this article: the situation whereby a president provides assent to bills after the expiration of the tenure of the National Assembly. As legislative tradition, the last session of each Chambers of the Nigeria’s National Assembly culminating each legislative term is usually a valedictory Session. Accordingly, Thursday, 6 June 2019 witnessed the last Session of the eighth National Assembly. As the president transmitted a Proclamation letter terminating the term of the eighth National Assembly inaugurated on 9 June 2015, it becomes paramount to examine the legal and constitutional implications of bills passed by the eighth National Assembly between 2016 and 2018 and up to 5 June 2019, which were assented to by the president after the tenure of the Assembly and office of the president. Thus, this article examines the constitutionality or otherwise of assenting to bills passed by the National Assembly and assented to by the president after the expiration of tenure of their offices. The article argues that the provisions of the 1999 Constitution had been violated when the president signed into law bills passed by the eighth National Assembly after the tenure of office of the president and the eighth National Assembly. It concludes that bills rejected by the president will require another legislative process of being passed into law again by the same Assembly or subsequent one before it can be assented to by the president. Failure to follow this constitutional process will render the assent unconstitutional.

Uncertain sovereignty: Ceylon as a Dominion 1948–1972

2019 ◽  
Vol 17 (4) ◽  
pp. 1258-1282
Author(s):  
Rehan Abeyratne
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Judicial Power ◽  
Privy Council ◽  
Minority Communities ◽  
Cautious Approach ◽  
Legislative Power ◽  
The Supreme Court ◽  
The Subject

Abstract This article, a contribution to a symposium on dominion constitutionalism, looks at sovereignty in Ceylon’s Dominion period (1948–1972). While the Ceylon Constitution has been the subject of in-depth historical and sociopolitical study, it has received less attention from legal scholars. This article hopes to fill that gap. It analyzes Ceylon Supreme Court and Privy Council judgments from this era on both rights-based and structural questions of constitutional law. In each area, sovereignty-related concerns influenced the judicial approach and case outcomes. On fundamental rights, both the Supreme Court and the Privy Council adopted a cautious approach, declining to invalidate legislation that had discriminatory effects on minority communities. This reluctance to entrench fundamental rights resulted, at least in part, from judges’ undue deference to the Ceylon Parliament, which was wrongly looked upon like its all-powerful British progenitor. On constitutional structure, the Ceylon Supreme Court deferred to Parliament even when legislation encroached into the judicial realm. The Privy Council, though, was not so passive. It upheld a separate, inviolable judicial power that Parliament could not legislate away. But by asserting itself as a check on legislative power, the Council—as a foreign judicial body intervening in Ceylonese affairs—stoked concerns that Ceylon was less than fully sovereign, which ultimately ended Dominion status.

Sign in / Sign up

Export Citation Format

Share Document