A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists where:
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists where:
A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as:
In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects.States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. As reservations are defined under the Vienna Convention and interpretative declarations are not, the two are sometimes difficult to discern from each other. Unlike a reservation, a declaration is not meant to affect the State's legal obligations but is attached to State's consent to a treaty to explain or interpret what the State deems unclear.
An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. An explicit understanding of such a constitution can be developed through commentary by the judiciary, government committees or legal experts. In such a constitutional system, all these elements may be (or may not be) recognized by courts, legislators, and the bureaucracy as binding upon government and limiting its powers. Such a framework is sometimes imprecisely called an "unwritten constitution"; however, all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document. However, there may be truly "unwritten" constitutional conventions which while not usually legally enforceable may hold just as much sway as the letter of the law.
An uncodified constitution has the advantages of elasticity, adaptability, and resilience. A. V. Dicey described the uncodified constitution as "the most flexible polity in existence." A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs that form the fundamental provisions of the constitution.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and their relationship with their governments, and in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international law. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause.
Traditionalist conservatism, often known as classical conservatism, is a political and social philosophy that emphasizes the importance of transcendent moral principles, manifested through certain posited natural laws to which it is claimed society should adhere. It is one of many different forms of conservatism. Traditionalist conservatism, as known today, is rooted in Edmund Burke's political philosophy, as well as the similar views of Joseph de Maistre, who designated the rationalist rejection of Christianity during previous decades as being directly responsible for the Reign of Terror which followed the French Revolution. Traditionalists value social ties and the preservation of ancestral institutions above what they perceive as excessive rationalism and individualism. One of the first uses of the phrase "conservatism" began around 1818 with a monarchist newspaper named "Le Conservateur", written by Francois Rene de Chateaubriand with the help of Louis de Bonald.
The concepts of nation, culture, custom, convention, religious roots, and tradition are heavily emphasized in traditionalist conservatism. Theoretical reason is regarded as of secondary importance to practical reason. The state is also viewed as a social endeavor with spiritual and organic characteristics. Traditionalists think that any positive change arises based within the community's traditions rather than as a consequence of seeking a complete and deliberate break with the past. Leadership, authority, and hierarchy are seen as natural to humans. Traditionalism, in the forms of Jacobitism, the Counter-Enlightenment and early Romanticism, arose in Europe during the 18th century as a backlash against the Enlightenment, as well as the English and French Revolutions. More recent forms have included early German Romanticism, Carlism, and the Gaelic revival. Traditionalist conservatism began to establish itself as an intellectual and political force in the mid-20th century.
The leader of the Central Committee of the Chinese Communist Party is the highest-ranking official and head of the Chinese Communist Party (CCP). Since 1982, the General Secretary of the Central Committee is considered the party's leader. Since its formation in 1921, the leader's post has been titled as Secretary of the Central Bureau (1921–1922), Chairman (1922–1925, 1928–1931, and 1943–1982), and General Secretary (1925–1928, 1931–1943, and 1982 onwards).
By custom the party leader has either been elected by the CCP Central Committee or the Central Politburo. There were several name changes until Mao Zedong finally formalized the office of Chairman of the Central Committee in 1945. Since 1982, the CCP National Congress and its 1st CC Plenary Session has been the main institutional setting in which the CCP leadership are elected. From 1992 onwards, every party leader has been elected by a 1st CC Plenary Session. In the period 1928–45 the CCP leader was elected by conference, meetings of the Central Committee or by decisions of the Politburo. The last exception to this rule is Jiang Zemin, who was elected at the 4th Plenary Session of the 13th Central Committee in the aftermath of the 1989 Tiananmen Square protests and massacre. Currently, to be nominated for the office of general secretary, one has to be a member of the CCP Politburo Standing Committee, the top decision body.
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.
Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s, forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act 1925.
Xeer (pronounced [ħeːr]) is the traditional legal system used by Somalis in Somalia, Djibouti, Somali Region of Ethiopia, and the North Eastern Province in Kenya. It is one of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam. However, Islam influenced it, with Xeer incorporating many Islamic legal principles. Under this system, the elders, known as the xeer begti, serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer.