Portal:Law

The Leges Henrici Primi or Laws of Henry I is a legal treatise, written in about 1115, that records the legal customs of medieval England in the reign of King Henry I of England. Although it is not an official document, it was written by someone apparently associated with the royal administration. It lists and explains the laws, and includes explanations of how to conduct legal proceedings. Although its title implies that these laws were issued by King Henry, it lists laws issued by earlier monarchs that were still in force in Henry's reign; the only law of Henry that is included is the coronation charter he issued at the start of his reign. It covers a diverse range of subjects, including ecclesiastical cases, treason, murder, theft, feuds, assessment of danegeld, and the amounts of judicial fines.

The work survives in six manuscripts that range in date from about 1200 to around 1330, belonging to two different manuscript traditions. Besides the six surviving manuscripts, three others were known to scholars in the 17th and 18th centuries, but have not survived to the present day. Two other separate copies may also have existed. The complete work itself was first printed in 1644, but an earlier partial edition appeared in 1628. The Leges is the first legal treatise in English history and has been credited with having a greater effect on the views of English law before the reign of King Henry II than any other work of its kind. (Full article...)

Alfred Thompson Denning, Baron Denning, OM, PC, DL (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords.

Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord Bingham, called him "the best known and best loved judge in our history". Denning's appellate work in the Court of Appeal did not concern criminal law. Mark Garnett and Richard Weight argue that Denning was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights. He had a more punitive than redemptive view of criminal justice, as a result of which he was a vocal supporter of corporal and capital punishment." However, he changed his stance on capital punishment in later life.

Denning became one of the highest profile judges in England in part because of his report on the Profumo affair. He was known for his bold judgments running counter to the law at the time. During his 38-year career as a judge, he made large changes to the common law, particularly while in the Court of Appeal, and although some of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Appreciated for his role as "the people's judge" and his support for the individual, Denning attracted attention for his occasionally flexible attitude to the common law principle of precedent. He commented controversially about the Birmingham Six and Guildford Four. (Full article...)

A statute is a formal written enactment of a legislative body; a law enacted by a legislature. Typically, statutes declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (otherwise 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. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)

The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.

The Parliament Act 1911 (1 & 2 Geo. 5. c. 13) asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords (the suspensory veto). Provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords. Additionally, the 1911 Act amended the Septennial Act 1716 to reduce the maximum life of a Parliament from seven years to five years. The Parliament Act 1911 was amended by the Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103), which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one.

The Parliament Acts have been used to pass legislation against the wishes of the House of Lords on seven occasions since 1911, including the passing of the Parliament Act 1949. Some constitutional lawyers had questioned the validity of the 1949 Act. These doubts were rejected in 2005 when members of the Countryside Alliance unsuccessfully challenged the validity of the Hunting Act 2004, which had been passed under the auspices of the Act. In October 2005, the Appellate Committee of the House of Lords dismissed the Alliance's appeal against this decision, with an unusually large panel of nine Law Lords (out of then-existing twelve) holding that the 1949 Act was a valid Act of Parliament. (Full article...)

• ... that other than the Second World War, there has never been a declaration of war by Canada?

• ... that, in the cases of Klayman v. Obama and ACLU v. Clapper, US district courts issued conflicting rulings on the constitutionality of bulk data collection by the US government?

• ... that part of the Occupiers' Liability Act 1984, a piece of United Kingdom legislation on tort law, is intended to permit educational and recreational use of land?

• ... that banking regulations in Russia include significant specifics, such as mandatory deposits placed in special reserve accounts at the Russian Central Bank?

• ... that the 501(h) election allows many U.S. non-profit organizations to engage in unlimited lobbying as long as they do it cheaply?

• ... that the Autism Act 2009 is the first ever disability-specific legislation to be passed in the United Kingdom?

• ... that in 2011, Nitehawk Cinema successfully lobbied to overturn a Prohibition-era liquor law that prevented movie theaters in New York from serving alcohol?

Case law, also used interchangeably with common 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. (Full article...)

Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an abortion prior to the point of fetal viability. The decision struck down many State abortion laws, and it sparked an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.

The case was brought by Norma McCorvey—under the legal pseudonym "Jane Roe"—who, in 1969, became pregnant with her third child. McCorvey wanted an abortion but lived in Texas where abortion was only legal when necessary to save the mother's life. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf in U.S. federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional. A special three-judge court of the U.S. District Court for the Northern District of Texas heard the case and ruled in her favor. The parties appealed this ruling to the Supreme Court. In January 1973, the Supreme Court issued a 7–2 decision in McCorvey's favor holding that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. However, it also held that the right to abortion is not absolute and must be balanced against the government's interest in protecting both women's health and prenatal life. It resolved these competing interests by announcing a pregnancy trimester timetable to govern all abortion regulations in the United States. The Court also classified the right to abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the most stringent level of judicial review in the United States.

The Supreme Court's decision in Roe was among the most controversial in U.S. history. Roe was criticized by many in the legal community, including some who thought that Roe reached the correct result but went about it the wrong way, and some called the decision a form of judicial activism. Others argued that Roe did not go far enough, as it was placed within the framework of civil rights rather than the broader human rights. (Full article...)

• ... that women seeking abortions in Eswatini or in Lesotho may travel to neighbouring South Africa, where it is legal?
• ... that before entering politics, Romina Pérez worked at the Center for Legal Studies and Social Research, which "became a 'nursery' for intellectual and political cadres of the Movement for Socialism"?
• ... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?
• ... that in mediaeval England an area of special legal jurisdiction extended around the royal court and moved with it?
• ... that Princess Margriet of the Netherlands was born in Canada's capital, but outside the country's legal jurisdiction?
• ... that New Zealand activist Pania Newton gave up a legal career to become an activist and spokesperson for the preservation of her ancestral lands at Ihumātao?

• April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms
• April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony
• April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228
• April 12: Russian authorities charge US reporter Evan Gershkovich with espionage
• April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials
• April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan
• April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg
• April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim
• March 29: 'Carlos the Jackal' on trial in France for third life sentence
• March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced
• March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan
• February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed