Statute law in the context of "Judicial interpretation"

⭐ In the context of judicial interpretation, statute law can be directly impacted by which power held by supreme courts in certain common law jurisdictions?




⭐ Core Definition: Statute law

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."

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👉 Statute law in the context of Judicial interpretation

Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.

For example, the United States Supreme Court has decided such topics as the legality of slavery as in the Dred Scott decision, and desegregation as in the Brown v Board of Education decision, and abortion rights as in the Roe v Wade decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term judicial conservatism can vary in meaning depending on what is trying to be "conserved". One can look at judicial interpretation along a continuum from judicial restraint to judicial activism, with different viewpoints along the continuum.

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Statute law in the context of Codification (law)

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

Codification is one of the defining features for most civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into codified statute law.

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Statute law in the context of Magna Carta

Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights sealed by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.

After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where the document acquired the name "Magna Carta", to distinguish it from the smaller Charter of the Forest, which was issued at the same time. Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes. His son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law. However, Magna Carta was not unique; other legal documents of its time, both in England and beyond, made broadly similar statements of rights and limitations on the powers of the Crown. The charter became part of English political life and was typically renewed by each monarch in turn. As time went by and the fledgling Parliament of England passed new laws, it lost some of its practical significance.

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Statute law in the context of Courts of the Republic of Ireland

The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil and criminal jurisdiction, although when the High Court is exercising its criminal jurisdiction it is known as the Central Criminal Court.

The courts apply the laws of Ireland. There are four sources of law in Ireland: the Constitution, European Union law, statute law and the common law. Under the Constitution, trials for serious offences must usually be held before a jury. Except in exceptional circumstances, court hearings must occur in public. The High Court, the Court of Appeal, and the Supreme Court have authority, by means of judicial review, to determine the compatibility of the common law and statute law with the Constitution. Similarly, the courts may determine the compatibility of the common law with statute law.

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Statute law in the context of Salic law

The Salic law (/ˈsælɪk/ or /ˈslɪk/; Latin: Lex salica), also called the Salian law, was the ancient Frankish civil law code compiled around AD 500 by Clovis, the first Frankish king. The name may refer to the Salii, or "Salian Franks", but this is debated. The written text is in Late Latin, and contains some of the earliest known instances of Old Dutch. It remained the basis of Frankish law throughout the early medieval period, and influenced future European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs, and other property. The Salic laws were arbitrated by a committee appointed and empowered by the king of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived.

Salic law provided written codification of both civil law, such as the statutes governing inheritance, and criminal law, such as the punishment for murder. Although it was originally intended as the law of the Franks, it has had a formative influence on the tradition of statute law that extended to modern history in much of Europe, especially in the German states and Austria-Hungary in Central Europe, the Low Countries in Western Europe, Balkan kingdoms in Southeastern Europe, and parts of Italy and Spain in Southern Europe. Its use of agnatic succession governed the succession of kings in kingdoms such as France and Italy.

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Statute law in the context of Sexual penetration

Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or sexual behavior in non-human animals.

The term is most commonly used in statute law in the context of proscribing certain sexual activities. Terms such as "sexual intercourse" or "carnal knowledge" are more commonly found in older statutes, while many modern criminal statutes use the term "sexual penetration" because it is a broad term encompassing (unless otherwise qualified) any form of penetrative sexual activity, including digital (i.e., the fingers) or with an object, and may involve only the most minimal penetration. Some jurisdictions refer to some forms of penetration as "acts of indecency", or other terminology.

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Statute law in the context of Reception statute

A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law (and in some cases the statute law) before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state.

All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana.

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Statute law in the context of Prime Minister of Northern Ireland

The prime minister of Northern Ireland was the head of the Government of Northern Ireland between 1921 and 1972. No such office was provided for in the Government of Ireland Act 1920; however, the Lord Lieutenant of Ireland, as with governors-general in other Westminster systems such as in Canada, chose to appoint someone to head the executive even though no such post existed in statute law. The office-holder assumed the title prime minister to draw parallels with the prime minister of the United Kingdom. On the advice of the new prime minister, the lord lieutenant then created the Department of the Prime Minister. The office of Prime Minister of Northern Ireland was suspended in 1972 and then abolished in 1973, along with the contemporary government, when direct rule of Northern Ireland was transferred to London.

The Government of Ireland Act provided for the appointment of the executive committee of the Privy Council of Northern Ireland by the governor. No parliamentary vote was required. Nor, theoretically, was the executive committee and its prime minister responsible to the House of Commons of Northern Ireland. In reality the governor chose the leader of the party with a majority in the House to form a government. On each occasion this was the leader of the Ulster Unionist Party; such was the UUP's electoral dominance using both a simple plurality and for the first two elections, a proportional electoral system. All prime ministers of Northern Ireland were members of the Orange Order.

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