Questions tagged [law]

The collection of binding customs or rules of a community prescribed, formally recognized or enforced by a community or controlling authority. When you use this tag, please consider if your question might be more appropriate on law.stackexchange.com.

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Why don't politicians appoint young and healthy ideological fresh bachelors 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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Can a country declare all its mercenaries as its soldiers?

Ukraine hopes to save foreign soldiers sentenced to death, says lawmaker Britain has condemned the sentencing of the fighters as an "egregious breach" of the Geneva Convention, under which ...
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Are there limits to what the Jan 6 House Select Committee can share w/ US DOJ due to the methods and ways it was collected?

I can't remember it exactly now, but a few months ago I'd read about the United States House Select Committee on the January 6 Attack collecting some information or testimony that felt to me like the ...
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Has any US state passed a law in a language other than English?

There is an interesting question on the Law stack exchange: "If Congress [of the United States of America] passed a bill written in Spanish, would it be valid?" (the answer appears to be '...
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3 answers
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If Roe is overturned, what is the legality of laws prohibiting crossing state lines for abortion?

States such as Missouri are planning to make it illegal for a citizen of Missouri to go to a different state to get an abortion if Roe is ultimately overturned. It attempts to evade legal challenge by ...
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Prosecutorial powers of Florida's office of election security; Can it try individuals, or subpoena/coerce testimony? Can it elicit punishments?

Politico's April 16, 2022 The One Way History Shows Trump’s Personality Cult Will End is an interview with historian Ruth Ben-Ghiat. Wikipedia says: She is a scholar on fascism and authoritarian ...
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Are "Don't talk about X in classrooms" state laws a relatively recent phenomenon in the US?

Two examples of recent Don't talk about X in classrooms" state laws/legislation: Florida: Wikipedia's LGBT rights in Florida; HB 1557/Parental Rights in Education/"Don't Say Gay" bill (...
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Are there benefits except moral support for the victim country to approach ICJ when the offender is a UNSC Permanent member?

I am having some trouble understanding the present relevance of ICJ in matters of war between two countries when at least one of them is a permanent member of UNSC. Indeed, cases of 2 permanent ...
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Sanctions against Russia and Internet subscriptions [closed]

Sanctions against Russia become heavier by the day, and an answer to that question might not fit the situation in a few weeks. Please consider the situation as of today. Say a website located in the ...
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Which statements about the War in Ukraine are now criminal in Russia?

I read that the Duma in Russia has passed a law that provides for penalties of up to 15 years in prison for making certain statements about the war, for example using terms such as “attack,” “invasion,...
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How is the EU ban on Russian media (eg RT) implemented legally?

As a part of the war of Russia on Ukraine, European Union has imposed a sanction to block media associated with Russian government within the union. How is this implemented in terms of legal decrees ...
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Independence of the LNR and DNR [duplicate]

We abstract from all other countries. There is some region in Ukraine that wants to secede from Ukraine. What needs to be done according to Ukrainian and International law so that this region secedes ...
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2 answers
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Is tyrannicide (killing a tyrant) legal in America [closed]

Is tyrannicide (killing of a tyrant) legal in America? I was thinking about this after I heard it was legal in Julius Caesar era Rome. Also, how will we as a society decide when someone is a tyrant, ...
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Can political parties expel "members"? [duplicate]

What exactly is the status of a "member" of a political party in the United States? As far as I can tell there is no formal organization of political parties such as the "Democratic ...
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Could Section 2 of the Voting Rights Act be used to force a state to draw a minority-white district without a racial majority?

Let's say that a state has 30% of its population be a racial (or ethnic, depending on what you consider a race or ethnicity) minority. It has 4 congressional districts, and all of its representatives ...
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1 answer
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Countries with Fat Tax on people

Which countries have implemented a "fat tax" on people with obesity, or high body fat percentage? I am talking about the human person themselves, and not a tax on food like sugar, oil, dairy ...
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2 votes
1 answer
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Are there any peer reviewed studies into whether hate crime legislation decreases the frequency of hate crimes?

The title mostly says it all. I understand the motivation of hate crime legislation, and if it works I'm totally supportive of it. However, I'm curious if it works in practice. Are criminals really ...
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Are there any explicit laws which define to what extent citizens can carry out a peaceful protest?

Usually, citizens carry out peaceful protests by means of waving banners or having marches. But what if they decide to block off a major road by staging a sit-in protest in a city (as happened in ...
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8 votes
1 answer
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What would it take to change the voting in the UK away from "first past the post"?

Question from a naive US citizen here: In a podcast from the BBC I heard it claimed that there are districts with a Tory representative elected with 1000 votes when the other parties (combined) had ...
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2 votes
1 answer
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Which countries forbid gathering certain ethnic/demographic data by the government?

France has a law forbidding the collection of sexual, ethnic, political, religuous, citizen information. Are there other nations where it is impossible to conduct a census or know information about ...
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8 votes
1 answer
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How was EU wide minimum wage computed?

The EU is preparing for rules for fair minimum wages in the EU: A new draft EU law will ensure a minimum level of wage protection in all member states, in order to guarantee decent living standards ...
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3 answers
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Can you be an avowed atheist in Iran?

It seems that, at least as recently as 2014, Iran had a death penalty for apostasy. But apostasy isn't non-belief. In fact, that charge seems to be a rather contextual matter. In this Guardian story ...
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6 answers
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Why are legal decisions in the US so politicized?

(Not sure if this should be on the Law.SE. I'm guessing the answer is more political than legal, hence I'm asking it here.) Example WILMINGTON, Del. (AP) — A difficult political atmosphere for ...
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4 votes
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Why are new mothers apparently excluded from receiving the 2021 monthly "Advance Child Tax Credit Payments" if they filed taxes last year?

According to this Stack Exchange post, it appears that one cannot get the 2021 monthly "Advance Child Tax Credit Payments" for a child born or adopted in 2021 if they also filed taxes last ...
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Does Romania or any other EU country have a criminal law that punishes originating or spreading false information?

It's been said on Euronews that A misleading Facebook video had suggested that there were no patients at a temporary hospital in the northeastern city of Piatra-Neamț. Officials at the health centre ...
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3 answers
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Is running a fake campaign to siphon votes legal?

Let's say you want run for office as an independent candidate in a congressional or state legislative district that is expected to be a close election. You run a quiet campaign for the purpose of ...
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5 votes
2 answers
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Which are the the parts of the EU treaties that are incompatible with the Polish constitution according to Poland's highest court?

There are lots of articles related to Poland's highest court ruling that some parts of EU treaties are incompatible with the Polish constitution (example), but I cannot find the exact articles ...
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3 votes
0 answers
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Why does the current Polish government favor distancing from EU despite a rather low Euroscepticism and possible serious financial consequences?

According to Euronews, Poland’s constitutional court on Thursday ruled the country's laws had supremacy of those of the European Union. The article provides more context about the decision and a ...
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7 votes
0 answers
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What caused the momentum for EU directives on blind-spots of vehicles in the last 20 years

During the last 20 years European laws on blind-spots, areas of road the driver cannot see, have become more strict. The original directive is from 1971 (71/127/EEG). But then there are changes in ...
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4 votes
2 answers
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On what basis can a 3rd country legally forbid a foreigner from leaving the country if there is no accusation of crime? [duplicate]

My girlfriend, who is a Russian citizen and resident in Poland, was traveling through Belarus in order to return to Poland. However she was not allowed to leave Belarus when trying to cross the border ...
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16 votes
2 answers
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How did Meng Wanzhou become free to go back to China?

Recently, some Chinese people and media are celebrating the success of Meng Wanzhou, the CFO of Huawei. On 1 December 2018, while transferring planes at Vancouver International Airport en route to ...
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22 votes
14 answers
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Why is the West concerned about the enforcement of certain attire on women in Afghanistan but unconcerned about similar European policy?

France, Canada and other countries have introduced hijab bans - bans on essential Islamic dress that hijab-practicing Muslim women cannot appear in public without. Adding to this the proposed values ...
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30 votes
6 answers
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Why is avoidance of judicial review of the Texas abortion law and other future US state laws so concerning to the US department of justice?

From CNN's video coverage of US Attorney General Merrick Garland announcement of its lawsuit against the state of Texas: Q: ...several GOP lawmakers who said that they will follow Texas’ lead, and I ...
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40 votes
3 answers
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Does the Taliban government of Afghanistan have a written legal code?

Since the Taliban took effective control of Afghanistan in 2021, I've been reading various sources claiming that they are restricting the movements of women and girls in public, but it is unclear if ...
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5 votes
1 answer
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Does the VRA require drawing districts for white people in majority-minority states?

Historically, the Voting Rights Act has been used to mandate the creation of seats where minorities can choose their Representatives, most noticably in the deep south. However, with demographics ...
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Is there an objective ground for restricting forms of speech/opinion?

Is there an objective ground for restricting forms of speech/opinion? In other words, a restriction that's not biased, but one that may be interpreted independently of the subject. I find it hard to ...
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2 votes
4 answers
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What is the point of only conducting criminal trials once the accused has been apprehended?

The vast majority of Western countries don't conduct criminal trials without the defendent being present. In addition the defendent is not required to actively participate in the trial - they can just ...
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6 votes
2 answers
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What are the types of decisions of the Supreme Court that can be overruled by the U.S. Congress?

What are the types of decisions of the Supreme Court that can be overruled by Congress? In some countries, when the Supreme Court makes decision on any matter, it cannot be reversed by any lower ...
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12 votes
3 answers
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Why hasn't the Supreme Court found the Hatch Act unconstitutional?

The Hatch Act is a law that was passed in 1939. It says that Cabinet employees as well as other non-presidential Executive Branch members cannot talk about candidate-specific issues among other things....
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3 votes
1 answer
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What does “state of exception” mean?

Carl Schmitt argues that a country with the objective of maintaining a strong state capacity in a “state of exception” will aim to speed up the processes of democratic politics for decisive actions ...
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4 votes
0 answers
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Would a Constitutional court make sense in The Netherlands?

Unlike many other countries, The Netherlands has no constitutional court. Article 120 of our constitution even says: De rechter treedt niet in de beoordeling van de grondwettigheid van wetten en ...
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0 votes
2 answers
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Why does UK allow criminal record checks to contain "non-crimes"?

According to Telegraph UK law allows in some cases for "non-crimes" to appear on one's criminal records: Incidents must be logged by police and can show up on a DBS check even if officers ...
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18 votes
2 answers
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Could Texas Democrats be punished for walking out?

The Texas Democrats in the Legislature chose to unite and leave the capitol. The decision was announced an hour before posting. Could Texas Democrats be held legally liable when they return?
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0 votes
1 answer
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Can the President personally arrest someone? [duplicate]

If all executive powers is held by the President and FBI agents can make arrests, doesn’t that mean the President can too?
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3 votes
1 answer
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Do gun permits that can be used as voter ID all have a photo?

Some types of identification have photographs (e.g. driver's licenses), whereas others do not (e.g. Social Security cards). This answer has a nice graph that shows that over recent years, not only ...
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6 votes
1 answer
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Why aren't state and federal prisons forced to allow prison inmates to vote at least in federal elections?

Someone claimed that current prisoners are allowed to run for federal offices like the House of Representatives and fact checkers said that was true. We are not talking about people released but ...
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6 votes
1 answer
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What services are the U.S. Embassies required to provide for U.S. citizens abroad?

The recent chain of escalating events around the employees led the U.S. Embassy in Moscow, Russia to cease most of its services. This includes canceling offering consular services for locals, but I'm ...
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6 votes
1 answer
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For what reasons have countries outlawed prenatal testing?

For what reasons have countries outlawed prenatal testing? Is it something that is seen more in specific regions or not? Prenatal testing includes Chorionic villus sampling (CVS), Amniocentesis, ...
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1 vote
2 answers
159 views

When several countries are members of several different trade pacts, which ones take precendence over the others when they conflict with each other?

When several countries are members of several different trade pacts, which ones take precendence over the others when they conflict with each other? Japan is for example member of several trade pacts ...
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