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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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What are some mechanisms or laws that encourage the FBI and CIA to cooperate in the name of national security?

Wedge: The Secret War Between the FBI and CIA, a nonfiction book by American historian and policy analyst Mark Riebling, explores the conflict between U.S. domestic law enforcement and foreign ...
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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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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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1answer
229 views

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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1answer
142 views

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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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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1answer
324 views

Why are there juries in the patent litigation cases in the U.S.?

Why are there juries in the patent litigation cases in the U.S.? There was a jury in the Samsung v Apple case, and I recall that none of the jury had an expertise in patent law. Is there a political ...
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1answer
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If the US congress extended the Section 5 preclearance requirement in the Voting Rights act another 25 years in 2006, why might it not apply in 2020?

Wikipedia's Voting Rights Act of 1965; Amendments says: Congress enacted major amendments to the Act in 1970, 1975, 1982, 1992, and 2006. Each amendment coincided with an impending expiration of some ...
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553 views

How often does the federal government sue states?

The Justice Department recently filed a lawsuit against the State of Georgia over voting restrictions passed by the Georgia legislature. How often does the federal government file lawsuits against ...
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1answer
448 views

Where can I find the original text of Hungary's controversial new child protection bill?

I have read that there has been a new bill proposed in Hungary which, according to the Hungarian Prime Minister, seeks to protect children, but which has also been criticised for being anti-LGBT. Does ...
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Is it illegal for US states to make it more difficult to vote and attempting to target a political group?

The US attorney general is preparing to sue state of Georgia as of writing. The goal of these voting laws, activists say, is to reduce Democratic turnout after Democrats won the state's electoral ...
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1answer
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Why Indonesian legislators uses unnecessarily complex language to prohibit sex with someone under 18?

I asked this question in law Stack Exchange Basically, rather than simply prohibiting all sex with anyone under 18, the laws prohibit Every one who deliberately commits violence, or threat of ...
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Which crimes are the most common cause for the death penalty in China?

Which crimes are the most common cause for the death penalty in China? I recently came across a video showing a mass execution in China. Most of the "criminals" seemed to be young ladies. ...
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If a Congressional representative is arrested, does their seat become vacant?

There is news about a congressman who is accused of certain very serious crimes. However I have heard that it is legally possible for someone to run for congress from prison even if they are currently ...
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1answer
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If the majority of people doesn't want to comply to a measure that is supposed to be taken for their own good can the measure be made obligatory? [closed]

I read the question of why vaccination with the COVID-19 vaccine is not made obligatory. I think this would be different if fewer people were willing to take the vaccine. Or would this still be the ...
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1answer
225 views

What is the latest time a House seat can be filled in Florida via special election?

I have suspicions on a particular House member in Florida being forced to leave office. (I will not disclose who it is because it is not relevant to this question but your guess is probably correct.) ...
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Is there political pressure coming from developed countries against developing countries that don't have a relaxed software patent law system?

In China it used to be difficult to patent software without a hardware element, but recently they relaxed their laws to allow for a lot of patent software being claimed by private companies. Now, I am ...
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1answer
218 views

UK Government's contract award ruled illegal. What are the consequences?

As widely reported (e.g. https://www.bbc.co.uk/news/uk-politics-57413115) the UK Government was found to have acted illegally in awarding a contract to associates of Michael Gove (the minister who ...
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280 views

Why aren't countries ignoring COVID-19 patents and are instead waiting for a patent waiver?

Why aren't countries ignoring COVID-19 patents and are instead waiting for a patent waiver? There's already advanced discussions about a patent waiver for vaccines, so why aren't countries just ...
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1answer
160 views

Can EU countries mandate vaccinations?

US version of this question What I am asking is if a country in the EU, following the rules of the EU could mandate vaccinations amongst their citizens? (the age of citizens might make a difference as ...
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1answer
377 views

What are the political factors that make it hard for countries to agree on a mechanism that will prevent tax evasion?

What are the political factors that make it hard for countries to agree on a mechanism that will prevent tax evasion? The idea was discussed for so long and yet nothing was done to prevent it. What ...
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1answer
199 views

Is Israel prejudiced against Jews that are atheists?

From this answer, (emphasis added by me) Whether a Jew can cease being Jewish is a controversial topic. In the eyes of the Israeli state it is possible, but probably requires a religious conversion. ...
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1answer
242 views

What would be the *political* ramifications of a former US President being charged under state law?

The State of New York, for example has an attorney general who said that there will be an investigation into Trump's activities. There are rumors that this type of action could eventually result in ...
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264 views

Can a country be held responsible for a crime committed by a private company?

Can a country be held responsible for a crime committed by a private company? Let's say a private security company in Syria like Blackwater https://en.wikipedia.org/wiki/Blackwater_(company) committed ...
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1answer
100 views

Can international and multilateral institutions such as the IMF be punished for any wrongdoing?

Can international and multilateral institutions such as the IMF be punished for any wrongdoing? I am wondering if international law has any power over institutions such as the IMF. Let's say that some ...
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3answers
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Does the Senate violate Reynolds v Sims?

There was a landmark US Supreme Court case in 1964 called Reynolds vs. Sims. It states that voting districts for state legislative chambers must have equal population in every state. This raises the ...
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1answer
100 views

What options do state governments have when the local DA declines to prosecute a case?

Hypothetically, a resident of a large city in state X is accused of committing a crime of small to moderate severity. The local district attorney decides, for whatever reason, to not prosecute, and ...
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492 views

Are there federal systems where federal laws do not have primacy?

The powers are distributed in a federal system. But often, the jurisdiction of the federal government and that of the state/province/etc. can intersect for a particular subject matter (e.g. federal ...
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1answer
304 views

Why didn't the Human Rights Act 1998 incorporate the European Convention of Human Rights?

My Politics teacher wrote on her PowerPoint: The Human Rights Act 1998 doesn't explicitly say that anyone has any rights. The HRA merely requires certain bodies to do certain things in relation to ...
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237 views

Is there any country whose laws would explicitly allow or disallow mandatory vaccinations for adults

After reading this question about the possibility to impose mandatory vaccinations in the US I wondered what is the situation around the world apart from the US. Mandatory treatment is forbidden by ...
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620 views

Can the federal government mandate vaccinations?

Would a federal vaccine mandate violate the rights of the states, or would it be within the scope of the federal government?
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711 views

Why doesn't the FBI crack down on websites allowing cartoon child pornography?

In the United States, visual depictions (such as drawings) of child abuse images is illegal provided they are ruled as obscene. This would make things like lolicon/shotacon (a type of cartoon child ...

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