Statute

A statute is a formal written enactment of a legislative authority that governs a city, state, or country.[1] Typically, statutes command or prohibit something, or declare policy.[1] Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.[1]

GDL Statute
Statute of Grand Duchy of Lithuania, written in Polish

Publication and organization

In virtually all countries, newly enacted statutes are published in a Government gazette which is then distributed so that everyone can look up the statutory law.

A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect.

The solution adopted in many countries is to organize existing statutory law in topical arrangements (or "codified") within publications called codes, then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law.

Alternative meanings

International law

The term statute is also used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. Statute is also another word for law. The term was adapted from England in about the 18th century.

Autonomy statute

In the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state. The autonomies statutes in Spain have the rank of "Ley Organica", a category of special laws reserved only for the main institutions and issues and mentioned in the Constitution (the highest ranking legal instrument in Spain). Leyes Organicas rank between the Constitution and ordinary laws. The name was chosen, among others, to avoid confusion with the term Constitution (i.e. the Spanish Constitution of 1978).

Religious statutes

Biblical terminology

In biblical terminology, statute (Hebrew choq) refers to a law given without any reason or justification. The classic example is the statute regarding the Red Heifer.(Numbers 19:2)

The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested" (Genesis 2:2-3).

Dharma

That which upholds, supports or maintains the regulatory order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian philosophy and religion.

See also

References

  1. ^ a b c Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition. West Publishing. p. 1410. ISBN 0-314-76271-X.
Acre

The acre is a unit of land area used in the imperial and US customary systems. It is traditionally defined as the area of one chain by one furlong (66 by 660 feet), which is exactly equal to 10 square chains, ​1⁄640 of a square mile, or 43,560 square feet, and approximately 4,047 m2, or about 40% of a hectare. Based upon the International yard and pound agreement of 1959, an acre may be declared as exactly 4,046.8564224 square metres.

The acre is a statute measure in the United States and was formerly one in the United Kingdom and almost all countries of the former British Empire, although informal use continues.

In the United States both the international acre and the US survey acre are in use, but they differ by only two parts per million: see below. The most common use of the acre is to measure tracts of land.

Traditionally, in the Middle Ages, an acre was defined as the area of land that could be ploughed in one day by a yoke of oxen.

Act of Congress

An Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals.

The term can be used in other countries with a legislature named "Congress", such as the Congress of the Philippines.

International Atomic Energy Agency

The International Atomic Energy Agency (IAEA) is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organisation on 29 July 1957. Though established independently of the United Nations through its own international treaty, the IAEA Statute, the IAEA reports to both the United Nations General Assembly and Security Council.

The IAEA has its headquarters in Vienna, Austria. The IAEA has two "Regional Safeguards Offices" which are located in Toronto, Canada, and in Tokyo, Japan. The IAEA also has two liaison offices which are located in New York City, United States, and in Geneva, Switzerland. In addition, the IAEA has laboratories and research centers located in Seibersdorf, Austria, in Monaco and in Trieste, Italy. The IAEA serves as an intergovernmental forum for scientific and technical co-operation in the peaceful use of nuclear technology and nuclear power worldwide. The programs of the IAEA encourage the development of the peaceful applications of nuclear energy, science and technology, provide international safeguards against misuse of nuclear technology and nuclear materials, and promote nuclear safety (including radiation protection) and nuclear security standards and their implementation.

The IAEA and its former Director General, Mohamed ElBaradei, were jointly awarded the Nobel Peace Prize on 7 October 2005. The IAEA's current Director General is Yukiya Amano.

International Court of Justice

The International Court of Justice (ICJ) sometimes called the World Court, is the principal judicial organ of the United Nations (U.N.). It settles legal disputes submitted by states and gives advisory opinions on legal issues referred by authorized U.N. organs and specialized agencies. Through its opinions and rulings, the ICJ also serves as a source of international law.

The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established by the League of Nations in 1920 and began its first session in 1922. After the Second World War, both the League and the PCIJ were dissolved and replaced by the United Nations and ICJ, respectively. The Statute of the ICJ draws heavily from that of its predecessor, and the latter's cases remain valid opinio juris. All members of the U.N. are party to the ICJ Statute.

The ICJ comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms. It is seated in the Peace Palace in The Hague, Netherlands, making it the only principal U.N. organ not located in New York City. Its official working languages are English and French.

International Criminal Court

The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. The ICC is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, become member states of the ICC. As of March 2019, there are 124 ICC member states.

The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases before the Court. The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.

The Office of the Prosecutor has opened ten official investigations and is also conducting an additional eleven preliminary examinations. Thus far, 44 individuals have been indicted in the ICC, including Ugandan rebel leader Joseph Kony, Sudanese president Omar al-Bashir, Kenyan president Uhuru Kenyatta, Libyan leader Muammar Gaddafi, Ivorian president Laurent Gbagbo, and DR Congo vice-president Jean-Pierre Bemba.

The ICC has faced a number of criticisms from states and civil society, including objections about its jurisdiction, accusations of bias, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness.

Legislation.gov.uk

Legislation.gov.uk, formerly the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force as of 1991, and all primary and secondary legislation since that date; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 noted in a table but not yet fully updated.

List of Acts of the Parliament of England to 1483

This is a list of Acts of the Parliament of England for the years up until 1483.

For Acts passed during the period 1707–1800 see List of Acts of the Parliament of Great Britain. See also the List of Acts of the Parliament of Scotland, the List of Acts of the Parliament of Ireland to 1700, and the List of Acts of the Parliament of Ireland, 1701–1800.

For Acts passed from 1801 onwards see List of Acts of the Parliament of the United Kingdom. For Acts of the devolved parliaments and assemblies in the United Kingdom, see the List of Acts of the Scottish Parliament from 1999, the List of Acts of the Northern Ireland Assembly, and the List of Acts and Measures of the National Assembly for Wales; see also the List of Acts of the Parliament of Northern Ireland.

For medieval statutes, etc. that are not considered to be Acts of Parliament, see the List of English statutes.

The number shown after each Act's title is its chapter number. Acts are cited using this number, preceded by the year(s) of the reign during which the relevant parliamentary session was held; thus the Union with Ireland Act 1800 is cited as "39 & 40 Geo. 3 c. 67", meaning the 67th Act passed during the session that started in the 39th year of the reign of George III and which finished in the 40th year of that reign. Note that the modern convention is to use Arabic numerals in citations (thus "41 Geo. 3" rather than "41 Geo. III"). Note also that Acts of the last session of the Parliament of Great Britain and the first session of the Parliament of the United Kingdom are both cited as "41 Geo. 3".

Acts passed by the Parliament of England did not have a short title; however, some of these Acts have subsequently been given a short title by Acts of the Parliament of the United Kingdom (such as the Short Titles Act 1896).

Acts passed by the Parliament of England were deemed to have come into effect on the first day of the session in which they were passed. Because of this, the years given in the list below may in fact be the year before a particular Act was passed.

Magna Carta

Magna Carta Libertatum (Medieval Latin for "the Great Charter of the Liberties"), commonly called Magna Carta (also Magna Charta; "Great Charter"), is a charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury to make peace between the unpopular King and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind 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.

The charter became part of English political life and was typically renewed by each monarch in turn, although as time went by and the fledgling English Parliament passed new laws, it lost some of its practical significance. At the end of the 16th century there was an upsurge in interest in Magna Carta. Lawyers and historians at the time believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons, that protected individual English freedoms. They argued that the Norman invasion of 1066 had overthrown these rights, and that Magna Carta had been a popular attempt to restore them, making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as habeas corpus. Although this historical account was badly flawed, jurists such as Sir Edward Coke used Magna Carta extensively in the early 17th century, arguing against the divine right of kings propounded by the Stuart monarchs. Both James I and his son Charles I attempted to suppress the discussion of Magna Carta, until the issue was curtailed by the English Civil War of the 1640s and the execution of Charles.

The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century. It influenced the early American colonists in the Thirteen Colonies and the formation of the American Constitution in 1787, which became the supreme law of the land in the new republic of the United States. Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people, but the charter remained a powerful, iconic document, even after almost all of its content was repealed from the statute books in the 19th and 20th centuries. Magna Carta still forms an important symbol of liberty today, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities, Lord Denning describing it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot".In the 21st century, four exemplifications of the original 1215 charter remain in existence, two at the British Library, one at Lincoln Cathedral and one at Salisbury Cathedral. There are also a handful of the subsequent charters in public and private ownership, including copies of the 1297 charter in both the United States and Australia. The original charters were written on parchment sheets using quill pens, in heavily abbreviated medieval Latin, which was the convention for legal documents at that time. Each was sealed with the royal great seal (made of beeswax and resin sealing wax): very few of the seals have survived. Although scholars refer to the 63 numbered "clauses" of Magna Carta, this is a modern system of numbering, introduced by Sir William Blackstone in 1759; the original charter formed a single, long unbroken text. The four original 1215 charters were displayed together at the British Library for one day, 3 February 2015, to mark the 800th anniversary of Magna Carta.

Mile

The mile is an English unit of length of linear measure equal to 5,280 feet, or 1,760 yards, and standardised as exactly 1,609.344 metres by international agreement in 1959.

With qualifiers, "mile" is also used to describe or translate a wide range of units derived from or roughly equivalent to the Roman mile, such as the nautical mile (now 1.852 km exactly), the Italian mile (roughly 1.852 km), and the Chinese mile (now 500 m exactly). The Romans divided their mile into 5,000 roman feet but the greater importance of furlongs in pre-modern England meant that the statute mile was made equivalent to 8 furlongs or 5,280 feet in 1593. This form of the mile then spread to the British-colonized nations some of which continue to employ the mile. The US Geological Survey now employs the metre for official purposes but legacy data from its 1927 geodetic datum has meant that a separate US survey mile (6336/3937 km) continues to see some use. While most countries replaced the mile with the kilometre when switching to the International System of Units, the international mile continues to be used in some countries, such as Liberia, Myanmar, the United Kingdom, the United States, and a number of countries with fewer than one million inhabitants, most of which are UK or US territories, or have close historical ties with the UK or US.

The mile was usually abbreviated m. in the past but is now sometimes written as mi to avoid confusion with the SI metre. However, derived units, such as miles per hour or miles per gallon, continue to be universally abbreviated as mph and mpg, respectively.

Nautical mile

A nautical mile is a unit of measurement used in both air and marine navigation, and for the definition of territorial waters. Historically, it was defined as one minute (1/60) of a degree of latitude. Today it is defined as exactly 1852 metres. The derived unit of speed is the knot, one nautical mile per hour.

Personality rights

The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction).

Regions of Italy

The regions of Italy (Italian: regioni) are the first-level administrative divisions of Italy, constituting its second NUTS administrative level. There are 20 regions, of which five are constitutionally given a broader amount of autonomy granted by special statutes.

Each region, with the exception of the Aosta Valley, is in turn divided into a number of provinces. Regions are autonomous entities with powers defined in the Italian Constitution.

Rome Statute of the International Criminal Court

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of March 2019, 124 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is complementary to jurisdictions of domestic courts. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.

Rural municipality

A rural municipality, often abbreviated RM, is a type of municipal status in the Canadian provinces of Manitoba, Saskatchewan, and Prince Edward Island. In other provinces, such as Alberta and Nova Scotia, the term refers to municipal districts that are not explicitly urban, rather than being a distinct type of municipality.

Statute of Westminster 1931

The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom and modified versions of it are now domestic law within Australia and Canada; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms. Passed on 11 December 1931, the act, either immediately or upon ratification, effectively both established the legislative independence of the self-governing Dominions of the British Empire from the United Kingdom and bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the Statute removed nearly all of the British Parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states.

The Statute of Westminster's relevance today is that it sets the basis for the continuing relationship between the Commonwealth realms and the Crown.

Statute of limitations

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense against that claim is, or includes, that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time.In civil law systems, similar provisions are typically part of their civil or criminal codes and known collectively as periods of prescription. The cause of action dictates the statute of limitations, which can be reduced (or extended) to ensure a fair trial. The intention of these laws is to facilitate resolution within a "reasonable" length of time. What period of time is considered "reasonable" varies from country to country, and within countries such as the United States from state to state. Within countries and states, the statute of limitations may vary from one civil or criminal action to another. Some nations have no statute of limitations whatsoever.

Analysis of a statute of limitations also requires the examination of any associated statute of repose, tolling provisions, and exclusions.

Statute of the International Court of Justice

The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice.

Statutory law

Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy). This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary.Statutes may originate with national, state legislatures or local municipalities.

Title 18 of the United States Code

Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by such names as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.

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