Questions tagged [law]

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is Judicial activism legitimate? [closed]

in the sense that is it ever preferable for a judiciary to interpret laws against the intent of the drafter for reasons such as protecting minroity rights or avoiding arbitrary use of a law ? what are ...
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What is the scope of judicial review by the Supreme Court of India?

The various articles of the constitution (Part V, Chapter IV - The Union Judiciary) regarding the supreme court seem to give the impression that their conduct is heavily regulated by presidential ...
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Why is the punishment for dowry crimes so severe in comparison to other forms of extortion?

Dowry (where the parents of the bride pay the parents of the groom), in India has a minimum sentence of 5 years even for non aggressive and non-coerced dowry. This is in comparison to other violent ...
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What Are The Exact Differences Between The US Judicial System And The Proposed Israeli Judicial Reform, In Terms Of Checks And Balances

The Israeli Judicial Reform plan is still in the making, so changes to the precise rules of the proposal are expected. But the basic ideas of it are as follows: According to the current law, some ...
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Why did Parliament set out a tribunal procedure for RROs and for recovery of prohibited payments but not for deposit protection claims?

Tenant fees act 2019 allows for recovery of prohibited payments in the relatively accessible and informal tribunal setting. Housing Act 2004 also sets out the RRO procedure in the same accessible ...
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Why do countries sometimes not want to share intelligence on an investigation even if they are allies?

https://www.politico.eu/article/sweden-denmark-germany-nord-stream-investigation-tests-eu-intelligence-sharing-around-the-baltic/ It's a highly sensitive issue. The prosecutor leading the Swedish ...
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How does having minority stakes and board seats give the Chinese government effective control over companies?

From the New York Times: All of that changed over the past few years as Beijing went after some of the country’s biggest tech companies and its highest-profile tech entrepreneurs. The aim was to ...
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In what way do "Pennsylvanians have a constitutional right to clean air and pure water"? State constitution or federal? Which article?

From CNN's February 22, 2023 Pennsylvania attorney general’s office will investigate Norfolk Southern after ‘criminal referral’ from state officials “Our office has been monitoring the train ...
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criminal law and tough on crime policies in Eastern countries [closed]

In many eastern countries. criminal laws are unreasonably disproportionate with non violent drug crimes and the likes having heavy mandatory minimum sentences and poor prison conditions. what are the ...
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Could the US constitutionally cement single-party rule in this scenario?

Suppose that a political party ("X") controls a simple majority of both the House and Senate in addition the the presidency. At this point in time, the Supreme Court is not relevant. All ...
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Why are India's sedition laws still on the books?

Why India has not done away with archiac and abusive sedition laws once imposed by Colonial British rule? It is not a political issue as all the major parties that have governed India since 1947 have ...
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What laws can be used by the Indian government to ban a film or documentary?

The Indian government has banned a controversial BBC documentary about Narendra Modi, claiming it is propaganda. This Guardian article claims that they invoked their emergency laws to ban it. The ...
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Does Germany have a law on foreign influence agents (similar to the US' or Russia's)? Or proposals for something like that?

It seems it's perfectly legal in Germany for parliamentarians to have their trips sponsored by a foreign country. And likewise for more run-of-the-mill influencers, e.g. rally organizers. So, I'm ...
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Why would one argue that Interpol’s Executive Committee is "currently dominated by autocracies and Interpol abusers"? (Political abuse?)

The Politico's January 24, 2023 Foreign Affairs Opinion piece by Ben Keith and Ted R. Bromund1 Opinion | Interpol Is Doing Russia’s Dirty Work includes the following: That’s technically true; the ...
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Have other US state governors tried to invoke executive privilege previously, or is Florida's DeSantis the first? If so, are some successful?

Politico's January 13, 2023 DeSantis administration wants to keep some things private includes the following: Keep pushing— In a line of recent cases, including one that goes before a Leon County ...
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Is there a process for 'removing' a law

Any good student of Schoolhouse Rock knows how a bill becomes a law, but how do laws get removed, like obsolete laws?
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Is there a way to determine if a country engages in debt-trap diplomacy?

Is there a way to determine if a country engages in debt-trap diplomacy? There are people accusing China in engaging in debt-trap diplomacy, but China keeps renegotiating and cancelling debt while it ...
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Is there any country outside the EU that prohibits using artificial intelligence software for mass surveillance or ranking social behavior?

According to The Diplomat, China is already exporting its Social Credit System, or at least intending to: In 2020, China will conduct a feasibility run for social credit system in Kazakhstan, ...
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Have most/all state-level cannabis legalization laws been preceded by referendums?

Seems to me each round of US elections lately has a batch of cannabis referendums riding in it. Recreational marijuana legalized in 2 states, rejected in 3 in 2022 election referendums Currently, 21 ...
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During the Canadian Convoy Protests, what was the stated reason for freezing bank accounts?

It is common knowledge now that the Canadian Government froze a handful of bank accounts based on suspicion of funding the 2022 Convoy Protests. When I watched Justin Trudeau's portion of the ...
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What stops the US rail workers from striking or quitting? [duplicate]

Now that Congress has decided on the rail agreement they're essentially saying that if the rail workers continue the strike as planned, then this is an illegal strike. Is this interpretation correct? ...
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Why would interracial marriages need legal protection in USA in 2022?

Today it was in the news (for example at the Washington Post) that the U.S. Senate has passed a bill to protect interracial marriages. Among other things, this bill would require that people are ...
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Is there a country or state where declining inheritance (disclaiming) is not allowed?

After reading this comment I wondered if there is any country or state where people (at least in some circumstances) cannot choose if they inherit or not. Refusing (declining or disclaiming) an ...
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What is gained by appointing a special counsel to oversee the Trump investigations? [duplicate]

A special counsel was named by the DOJ to take care of the Trump legal investigations. The goal of this is to help remove the investigation from politics. By naming a special counsel, the ...
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Can Indian state or central governments refuse to comply with court decisions, and if so, what are the consequences?

Usually, the Government (states or Central) comply with the orders of the High Courts or the Supreme Court. I'm having trouble finding answers for a very simple question - What are the consequences of ...
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What can the Indian government do to help Indian students in Ukraine amid the war situation? [closed]

Indian students in Ukraine (mostly studying medicine) have been recently advised to return to India shortly after many of them went back to their Ukrainian universities. Many students had been ...
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Why are laws on abortion more open than on suicide?

Since the question was closed and I probably did not express myself clearly enough, let me rephrase what is below: laws come from some cultural legacy in Europe we generally believe that killing ...
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Why does the EU restrict the maximum power drawn by various consumer electronics instead of taxing them higher?

According to this article, EU restrictions related to various appliances will go into effect on 2023.03.01. If nothing changes, most high-end TV cannot be sold in the EU: If nothing changes between ...
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Can Syria or any country demand stolen natural resources to be paid to them?

https://archive.ph/LIfpk Can Syria or any country demand stolen natural resources to be paid to them? China’s foreign ministry spokesman highlighted that the US military has used at least 800 tankers ...
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Are there countries in Europe where there's a 10% (or similar, but low) numeric threshold for minority language rights?

The ill-fated 2012 languages law in Ukraine (proposed by the Party of Regions, but eventually found unconstitutional by Ukraine's supreme court) allowed the use of minority languages in courts, ...
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Can The International Court of justice take action regarding the murder of Mahsa Amini by the Khamenei regime?

On 16 September 2022, a 22-year-old Iranian woman named Mahsa Amini, (Euro News), died in Tehran, Iran, under suspicious circumstances, potentially due to police brutality. Can The International Court ...
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What are the main concerns regarding the new powers recently given to the police to curtail protests?

In the wake of the arrest of a man in Edinburgh for apparently heckling Prince Andrew, a woman called Mariángela also being arrested in Edinburgh for holding a sign that said “**** imperialism, ...
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Have any countries managed to reduce the total number of words in their laws?

As an example, the US tax code grew from 1.4m words in 1955 to 10m words in 2015: Are there countries that managed to reduce the total number of words in their legal code? To avoid an overly broad ...
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The US has banned advanced EUV machines being sold to China, but does it mean that non-China firms cannot use them in China?

Recently the US govt has banned China firms from acquiring the machines for 14nm process technology and below. This legislation specifically targets China firms. However, what stopping non-China ...
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Is there any procedure or rule that prevents the President from nominating any person as Secretary of State?

“For this reason,” Hook continues, “we should consider human rights as an important issue in regard to U.S. relations with China, Russia, North Korea, and Iran. And this is not only because of moral ...
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Has there been any push to hold airports responsible for large queues/delays at security?

It seems that every few years there are days or weeks where queues at airport security across whole countries or continents are huge, resulting in travellers missing flights, or at least being advised ...
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1 answer
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Can Congress make certain construction projects immune from litigation?

In an article about the Joe Manchin pipeline deal I've noticed an interesting detail: The provisions, according to the summary, will “require the relevant agencies to take all necessary actions to ...
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What did the Dutch law commission find about their own military participation in Iraq (2003-2005)?

As I don't speak/read Dutch, the most detailed article I found about this is in Der Spiegel. In summary (from there), the Dutch law commission found that the 2003 invasion of Iraq was illegal that ...
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Are temporary economic impacts a relevant political factor that prevents assisted-suicide rights?

Question Are temporary economic impacts a relevant political factor that prevents assisted-suicide rights ? Originally the question was - "Assisted-suicide rights - A little known but huge ...
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Does China have a mechanism for allowing whistleblowers within the government to speak out and protect them?

Does China have a mechanism for allowing whistleblowers within the government to speak out and protect them? Over the past few years, the Chinese government has on numerous occasions highlighted the ...
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What can the U.S. government do to curtail scientific cooperation between China and the United States?

Despite difficult relations between the United States and China, collaborative research between the two countries has remained resilient. But with young scientists entering the workforce amid ...
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Can Zelenskyy postpone the next Ukrainian election indefinitely due to war?

Can Zelenskyy postpone the next Ukrainian election indefinitely due to war? https://en.wikipedia.org/wiki/Volodymyr_Zelenskyy Zelenskyy announced his candidacy in the 2019 Ukrainian presidential ...
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What are the pros and cons of willfully engaging in IP piracy?

https://www.belmontentertainmentlaw.com/2022/04/12/your-patent-is-no-good-here-russias-war-on-intellectual-property-following-war-in-ukraine/ What are the pros and cons of wilfully engaging in IP ...
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What makes Brittney Griner more worthy of a prisoner swap?

My guess is that there are thousands of USA citizens convicted of foreign crimes (and held in prison in foreign countries), and hundreds with a misdemeanor nature similar to that of Brittney Griner's ...
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Why might Philippine president Bongbong Marcos have problems visiting the US because of "court cases" there?

In a May 11, 2022 tweet, (self-described "public educator, academic, columnist, and policy adviser") Richard Javad Heydarian1,2 first asserts that China took the previous Philippine ...
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Would Roe V. Wade have been overturned even without Dobbs V. Jackson triggering the Judicial Review?

I have meager knowledge of US Politics, even less of US Laws. I am curious to know whether The SCOTUS was actively considering overturning Roe V. Wade and Dobbs V. Jackson was just a "happy"...
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Can a state delegate the creation of a law to an unelected agent such as the Supreme Court?

This is with regard to the constitutionality of "trigger laws" such as those that went into effect, automatically, after the overturn of Roe vs. Wade. I am neither a lawyer nor a politician, ...
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Where is information stored, that shouldn't nessecarily be stored in law but still needed in government [closed]

A law is defined as: the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Where ...
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Why don't politicians appoint young and healthy ideological fresh graduates as Supreme Court justices?

Supreme Court justices are often chosen not solely based on their professional skills and reputation, but also based on their political orientation in order to advance certain ideology. One example is ...
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Is there objective data on whether, in general, that more authoritarian countries have more ambiguous laws on the books?

It is said by some Western sources that China has exceedingly vague laws on the book, which allow the executive branch to make up violations against the political undesirables du jour. (This is even ...
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