Law is a set of rules that are created and enforced by governmental or societal institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history, and society in various ways and also serves as a mediator of relations between people.
Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.
After failed attempts to conduct a criminal investigation of the key perpetrators in Kenya, the matter was referred to the International Criminal Court in The Hague. In 2010, the Prosecutor of the ICC Luis Moreno Ocampo announced that he was seeking summonses for six people: Deputy Prime Minister Uhuru Kenyatta, Industrialisation Minister Henry Kosgey, Education Minister William Ruto, Cabinet Secretary Francis Muthaura, radio executive Joshua Arap Sang and former police commissioner Mohammed Hussein Ali. The six suspects, known colloquially as the "Ocampo six" were indicted by the ICC's Pre-Trial Chamber II on 8 March 2011 on charges of crimes against humanity and summoned to appear before the Court.
On 23 January 2012 Pre-Trial Chamber II confirmed the charges against Kenyatta, Muthaura, Sang and Ruto and dismissed the charges against Kosgey and Ali. The charges against Francis Muthaura and Uhuru Kenyatta were subsequently withdrawn by the prosecution. The trial of William Ruto and Joshua Arap Sang began on 10 September 2013, and ended on 5 April 2016 with the charges being dismissed. During the investigation the ICC prosecutor charged Walter Barasa, Paul Gicheru and Philip Bett with crimes against the administration of justice. (Full article...)
In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the Fourth and Fifth Amendments. Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives. Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)
The Accurate News and Information Act (complete title: An Act to Ensure the Publication of Accurate News and Information) was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand.
The act was a result of the stormy relationship between Aberhart and the press, dating to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald—were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision.
Image 15Jeremy Bentham's writings influenced law for generations.
Selected case
Case law is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. The term is often used interchangeably with common law. (Full article...)
Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.
Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial.
The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered. (Full article...)
... that Margarethe Hardegger established an illegal abortion clinic in her own home?
... that Episode7921 of Neighbours featured Australia's first televised fictional same-sex wedding since the country voted in favour of legalising same-sex marriage?
... that the Philippine embassy in Pretoria responded to a South African newspaper's denunciation of horse fighting in the Philippines by saying that the practice was already illegal?
... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
Image 9The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments, and 117,369 words. (from Legal history)
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