...Meanwhile, Rizal was arrested in transit to Cuba and ordered returned to Fort Santiago in Manila to stand trial for rebellion, sedition and illicit association. He was tried on December 26, found guilty and condemned to death. Jose Rizal was shot by a firing squad on December 30, 1896. Rizal's execution gave the rebellion fresh determination. The Katipunan was divided between factions loyal to Bonifacio and Aguinaldo. Due to his successes in battle, Aguinaldo was elected to replace Bonifacio. Bonifacio withdrew his supporters and the two factions began to fight. Bonifacio was arrested, tried and executed on May 10, 1897 by Aguinaldo's order. Aguinaldo's forces were driven from Cavite to Bulacan where Aguinaldo declared the constitution and established the Republic of Biak-na-Bato. Both sides soon came to realize that the struggle between Spain and the new Republic had reached an impasse. The rebels could not meet the Spanish regulars in the field but neither could the Spanish put down the guerrillas. Negotiations began in August and concluded in December with the Pact of Biak-na-Bato. The agreement extended a general amnesty to the rebels with a payment of US$800,000 for Aguinaldo and his government to retire in voluntary exile to Hong Kong. Aguinaldo left the Philippines with his government on December 27, 1897. While in Hong Kong, Aguinaldo and his compatriots designed what is today the Philippine national flag. Spanish-American War / War of Philippine Independence...
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...domestic law and the ongoing globalization of the latter require lawyers around the world to study foreign judicial practice and consider it when resolving domestic legal disputes. In recent years, several Supreme Court Justices of the U.S have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice...
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...Philippine Constitutions (Concise) In: Other Topics Philippine Constitutions (Concise) The Biak-na-Bato Constitution General Emilio Aguinaldo Established the Biak-na-Bato Republic on July 1897 and issued a proclamation stating the following demands: * Expulsion of the friars and the return of the friar lands to the Filipinos. * Representation of the Philippines in the Spanish Cortes. * Freedom of the press and religion. * Abolition of the government’s power to banish Filipinos. * Equality for all before the law. A charter was then drafted based on the Cuban Constitution by Alex Ferrer and Isabelo Artacho. It was ratified on November 15, 1897. The Biak-na-Bato Constitution provided for the establishment of a Supreme Council that would serve as the highest governing body of the Republic. Preamble: “The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully...
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...basic role of governing the structure and the powers of the state. It therefore organises the powers of the state in an attempt to prevent abuses of power by those in power. * Emergence of Constitutional Law - Enlightenment * The term “constitution” was coined recently with the emergence of the new nation state. During the 18th of century, political revolutions in France and the US led to the emergence of the new nation state and the need was felt for a document reflecting the beliefs and the political aspirations of the heralders of the new political and legal order. * Major ideologies (constitutionalism, Thomas Hobbes, Jean-Jacques Rousseau, John Locke) started perceiving power of the state and freedoms of individuals as being conflicting such that only a proper balance between the two would lead to political and social stability. According to those ideologies, to maximise individual freedoms and liberties, the power of the state had to be curtailed by constitutional norms. This is how the written constitution, in its modern appellation, came about. These constitutions are also called “enlightenment constitutions”. * Written Constitution * Also known as the narrow definition of “constitution” * “a document having a special legal sanctity which sets out the framework and the principle functions of...
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...of September 11, 2001.” Hamdan adjured for a writ of habeas corpus, questioning the authority of the military commissions to try him; the Supreme Court conceded certiorari. Furthermore, they considered whether the military commissions’ structure and procedures violated the four Geneva Conventions of 1949 as well as the Uniform Code of Military Justice. Moreover, the Supreme Court focused on interpreting Common Article 3 of the Geneva Conventions. Procedural History: A U.S....
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...COURSE TITLE: A COMPARATIVE ANALYSIS OF THE PROVISIONS OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY (CHAPTER 2) 1999 CONSTITUTION OF NIGERIA AND THE 1992 CONSTITUTION OF GHANA. PRESENTED BY: IWEBAFA GIFT ODIBO MAY 2014 I. Introduction Chapter two of the Nigerian Constitution of 1999 (as Amended) and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft without a compass. In the words of Oguntade (JSC), the Constitution is the very foundation and structure...
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...against cultural imperialism by countries such as the United States . In particular, Tremblay studies the effects of the media on culture in Canada especially in a province like Quebec which is distinct from the rest of English Canada. Tremblay's article on the Americanization of Quebec culture is slightly more than a decade old, yet most of the information he provides is still relevant today. In his article, Tremblay takes a look at the invasion of Quebec 's airwaves by American content. His title refers to a belief in his mind that the Quebecois culture will one day be integrated into that of America , which in turn will lead to Quebec throwing itself into the melting pot of American culture. The first part of the article concerns policy, the never ending promotion of identity by the Quebecois. Tremblay calls for an all out communications policy that would protect Quebec . He goes on to contend that a policy is not only useful, but that it has becomes more necessary with each passing day. However, Tremblay has ignored the fact that Quebec culture is already protected in part by the Canadian constitution. From the beginning, the Canadian federation has provided guarantees, for the Quebec language and culture. “The Constitution Act, 1867 contained specific provisions designed to protect Quebec 's distinct culture and language” (Nicholson, 2003) Canada has always given guarantees to protect the Quebec culture, a policy would be nice but it is not an absolute must have as he...
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...segment responsible for a specific function. For example, there are agencies that are responsible for the safety of prescriptions drugs; credentialing and accreditation; payments and reimbursements; and infectious diseases just to name a few. In addition to the agency’s specific function, the agency’s goals and objectives are driven by a specific mission and operate within their assigned scope; one such agency is the Center for Disease Control and Prevention (commonly referred to as the CDC). This essay will examine: the mission of the CDC; issues that are addressed by the CDC; the impact and influence the CDC has on policy and delivery and current initiatives of the CDC. The essay will also address the need to utilize political and legal analysis when considering policy problems. Plagues, epidemics, and pandemics have occurred throughout the history of the U.S. public health care system. The public health system originally created a project to address malaria called the Malaria Control in War Areas in 1946 which was later converted to the...
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...Madison[1] INTRODUCTION A written constitution is a reminder that governments can be unreasonable and unjust. By guaranteeing that "[a] well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed," the Second Amendment to the United States Constitution provides the citizens a means of protection against the unjust excesses of government.[2] The Framers placed this guarantee in the Bill of Rights because they considered the right to keep and bear arms peculiarly important and also uniquely vulnerable to infringement. The Amendment's command protects individuals against even popular conceptions of the public good. In addition to this protection within the United States Constitution,[3] the constitutions of forty-three states guarantee the right to keep and bear arms.[4] Despite the constitutional authority for this right, legislators and judges have consistently attempted to devalue it. Methods such as giving misleading labels to select firearms like "assault weapons"[5] or "Saturday Night Specials"[6] have been used to justify incremental disarmament.[7] American jurisprudence has deliberately devalued the right to keep and bear arms by disingenuously interpreting the right so as to effect a gradual change in American culture. To this end, for example, the Seventh Circuit has already upheld a civilian handgun ban by dismissing an historical analysis of the Constitution: "The debate surrounding the...
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...Then on 7th October 1998 ,Union of India issued a notification in which taxable services are exempted other than accounting and auditing and than within the period of ten days i.e on 16th October ,1998 issued another notification in which the scope of exemption was reduced. * And therefore, the All India Federation of Tax has filed a written petition in Bombay High Court challenging the validity of the levy of service tax. PROCEDURAL HISTORY: This is an appeal which was filed against the judgement given by Bombay High Court on 22nd Feb ,2001 that : “the Parliament has the legislative competence to levy the service tax vide Finance Act 1995 and 1998 as Service tax falls in Entry 97 , list 1 of the Seventh schedule to the Constitution” ISSUE: * The question which arises for determination in this civil appeal concerns the constitutional status of the levy of service...
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...Corrupts Absolutely" -John Acton India is the largest functional democracy in the world, and the Constitution of India is unique in each and every way. The Constitution of India is a mammoth piece of document; in fact the Indian Constitution is the longest in the world. As of now is has 441 Articles and 12 Schedules. It is probably the longest of the organic laws now extant in the world. The Constitution of India confers upon India the status of Sovereign Socialist Secular Democratic Republic. It allows us to elect our representatives and to form a government to makes laws and enforce them. The Constitution of India guarantees to the people certain basic human rights and freedoms, such as, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident...
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...Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit. <><><> Things to Ponder Why and how, law is a rule of conduct? Why and how, law is just? Why and how, law is obligatory? Why and how, law is promulgated by legitimate authority? What is promulgation? Why promulgate law? Who is legitimate authority? Why and how, law is of common observance? Why and how, law is of common benefit? ============================ Introduction to Law Series Part 2.1 - Evolution of the Concept of Law A.) Classical Greek Concept of Law ============================ Side Notes: - Literature is the reflection of reality. -Greek civilization is two things, politics and drama. -Greek drama is two things, tragedy and comedy -Alexander the Great's teacher is Aristotle. -Aristotle's school is the Lyceum. -Aristotle's teacher is Plato. -Plato's school is the Academy. -Plato's teacher is Socrates. -Socrates' teachers are the Sophists. -One of the sophists is Sophocles. -Sophocles is an ancient Greek tragedian (tragedy...
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...Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit. <><><> Things to Ponder Why and how, law is a rule of conduct? Why and how, law is just? Why and how, law is obligatory? Why and how, law is promulgated by legitimate authority? What is promulgation? Why promulgate law? Who is legitimate authority? Why and how, law is of common observance? Why and how, law is of common benefit? ============================ Introduction to Law Series Part 2.1 - Evolution of the Concept of Law A.) Classical Greek Concept of Law ============================ Side Notes: - Literature is the reflection of reality. -Greek civilization is two things, politics and drama. -Greek drama is two things, tragedy and comedy -Alexander the Great's teacher is Aristotle. -Aristotle's school is the Lyceum. -Aristotle's teacher is Plato. -Plato's school is the Academy. -Plato's teacher is Socrates. -Socrates' teachers are the Sophists. -One of the sophists is Sophocles. -Sophocles is an ancient Greek tragedian (tragedy...
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...The Law Justice M.K. Sharma Supreme Court of India The Supreme Court in Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra has examined the law relating to the Doctrine of Repugnancy. In essence, Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. Further, Article 254 establishes the doctrine of Repugnancy which acts as a safeguard to solve disputes arising between the states and the Union. The term ‘Repugnancy’ means inconsistency between the State-made law and the Union-made law. The relevant extracts from the judgment are reproduced hereunder; 46. Before we proceed to analyze the said aspect, it would be appropriate to understand the situations in which repugnancy would arise. 47. Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. 48. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution. Article 246, reads as follows: - "246. Subject-matter of laws made by Parliament and by the legislature of States.— (1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with...
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...health of the general population within societal limits and norms, in addition to, improving the likelihood that citizens nationally and globally can lead healthy, long, and productive lives (Public Health Law Association, 2010; Wikipedia, 2012). The Core public health functions provided by public health law define the important role that the public health system plays, at the local, state, and national levels, in maintaining the health and safety of citizens (Minnesota Department of Health, 2012). These functions represent the spectrum of activities and responsibilities that are shared among public health system partners (Key Elements of Wisconsin’s Public Health System, 2012). Public Health Core Function Principally Addressed In the article, Public Health Law in a New Century, Lawrence Gostin mainly addressed the importance of policy development by the government in public health. The government is the single most important force shaping our healthcare system (The Role of State and Local Government in Health, 1983). “Laws bestow the basic powers of government and distribute these powers among various agencies, including public health agencies. They also represent governmental decisions and provide the basis for actions that influence the health of the public” (Law, Government, and Public Health, 2010). Five Essential Characteristics of Public Health Law The...
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