Jurisdiction (area) in the context of "Jurisprudence constante"

⭐ In the context of *jurisprudence constante*, what fundamentally distinguishes it from the common law doctrine of *stare decisis*?

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⭐ Core Definition: Jurisdiction (area)

A jurisdiction is the legal authority of a court, government, or other entity to make and enforce laws within a defined area.

Each state in a federationβ€”such as Australia, Germany, and the United Statesβ€”forms a separate jurisdiction. Certain laws, however, may be uniform across the constituent states and enforced by federal courts, resulting in a single jurisdiction for those purposes.

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πŸ‘‰ Jurisdiction (area) in the context of Jurisprudence constante

Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions such as Louisiana.

The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis; however, "aseries of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeal has explicitly noted that within Louisiana, jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of the source of law, which is legislation. Judicial decisions are not intended to be an authoritative source of law, and, thus, the civilian tradition does not recognize the doctrine of stare decisis.

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Jurisdiction (area) in the context of Region

In geography, regions, otherwise referred to as areas, zones, lands or territories, are portions of the Earth's surface that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and/or the interaction of humanity and the environment (environmental geography). Geographic regions and sub-regions are mostly described by their imprecisely defined, and sometimes transitory boundaries, except in human geography, where jurisdiction areas such as national borders are defined in law. More confined or well bounded portions are called locations or places.

Apart from the global continental regions, there are also hydrospheric and atmospheric regions that cover the oceans, and discrete climates above the land and water masses of the planet. The land and water global regions are divided into subregions geographically bounded by large geological features that influence large-scale ecologies, such as plains and features.

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Jurisdiction (area) in the context of Legal

Law is a set of rules that are created and are enforceable by social or governmental 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.

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Jurisdiction (area) in the context of Federal territories

A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constitute the federation itself and share sovereignty with the federal government, while a territory does not have sovereign status and is constitutionally dependent on the federal government.

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Jurisdiction (area) in the context of Bicameralism

Bicameralism is a type of legislature that is divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group. As of 2022, roughly 40% of the world's national legislatures are bicameral, while unicameralism represents 60% nationally and much more at the subnational level.

Often, the members of the two chambers are elected or selected by different methods, which vary from jurisdiction to jurisdiction. This can often lead to the two chambers having very different compositions of members.

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