Rule according to higher law in the context of "Supremacy (European Union law)"

⭐ In the context of Supremacy (European Union law), rule according to higher law is demonstrated by the authority of EU law to…

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⭐ Core Definition: Rule according to higher law

The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted law, still produces results which many observers find unfair or unjust.

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Rule according to higher law in the context of Primacy of European Union law

The primacy of European Union law (sometimes referred to as supremacy or precedence of European law) is a legal principle of rule according to higher law establishing precedence of European Union law over conflicting national laws of EU member states.

The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law.

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Rule according to higher law in the context of Civil Disobedience (Thoreau)

"Resistance to Civil Government", also called "On the Duty of Civil Disobedience" or "Civil Disobedience", is an essay by American transcendentalist Henry David Thoreau, first published in 1849. In it, Thoreau argues that individuals should prioritize their conscience over compliance with unjust laws, asserting that passive submission to government authority enables injustice. Thoreau was motivated by his opposition to slavery and the Mexican–American War (1846–1848), which he viewed as morally and politically objectionable.

The essay has had a significant impact on political thought and activism, influencing figures such as Mahatma Gandhi, who adopted its principles in the struggle for Indian independence, and Martin Luther King Jr., who cited it as a key influence during the American civil rights movement. Its themes of individual responsibility and resistance to injustice have made it a foundational text in the philosophy of nonviolent protest and civil disobedience.

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Rule according to higher law in the context of Jury nullification

Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a criminal trial resulting in a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. It has been commonly used to oppose what jurors perceive as unjust laws, such as those that once penalized runaway slaves under the Fugitive Slave Act, prohibited alcohol during Prohibition, or criminalized draft evasion during the Vietnam War. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses.

Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists:

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Rule according to higher law in the context of Ius (canon law)

The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

Much of the legislative style was adapted from that of Roman law, especially the Justinianic Corpus Juris Civilis. As a result, Roman ecclesiastical courts tend to follow the Roman law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman law in the 11th century, canon law served as the most important unifying force among the local systems in the civil law tradition. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state.

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