Apportionment and Reapportionment Reference library
The Oxford International Encyclopedia of Legal History
...the Supreme Court concluded that it had to reverse course and intervene to protect the design of democratic institutions. In Baker v. Carr , 369 U.S. 186 ( 1962 ), the Court held that malapportionment challenges based on the Fourteenth Amendment's equal protection clause were justiciable. Baker not only overruled Colegrove , it began a revolution in American constitutional law. Within a few years, Baker came to represent a new era of constitutional law, one in which the courts would take a major role in overseeing the ground rules of American democracy....
Japan Reference library
The Oxford International Encyclopedia of Legal History
...the Taika Reform Edict of 646 c.e. , the written form generally incorporated foreign influences into what might be characterized as Japanese natural or customary law. However, the use of the term “law” in the pre-Tokugawa and even during the Tokugawa period is problematic. Justiciable law as we know it did not exist. There were no lawyers, courts, or judges and the concept of “rights” in the Western sense was simply unknown. Instead, the emperor governed in a totalitarian manner that reflected the style and governance of the Chinese emperors. The country was...
Courts, United States Federal Reference library
The Oxford International Encyclopedia of Legal History
...of at least equal importance: that the wrongful acts of government officials are similarly reviewable in courts. In Marbury the defendant official was James Madison, secretary of state. Marshall did not hesitate to make clear that the claim against Madison was sound and justiciable. In these ways the great chief justice bequeathed to America the priceless legacy of an enforceable constitution and a government under the rule of law in courts. Suits against a State. There has always been a strong feeling that a state ought not to be called to the lower...
African Law, Sub-Saharan Reference library
The Oxford International Encyclopedia of Legal History
...common-law and civil-law legal systems of the two parts. Britain had extended the application of the European Convention on Human Rights ( 1950 ) to the African dependencies, but in a seminal innovation in 1959 introduced into the preindependence constitution of Nigeria a justiciable Bill of Rights modeled on the Convention. This then became a standard pattern for later constitutions except in Tanganyika, whose leaders declined such provisions. The right to fair trial expressly prohibited the enforcement of unwritten criminal law: Offenses contrary to...
Constitutional Law Reference library
The Oxford International Encyclopedia of Legal History
...of a Shariat Federal Court (Part VII, chapter IIIA) with a double function: it is a court of appeal for cases of Hudood, and it has the power to make proposals to bring legislation into conformity with Shariat. In a third symbolic step, the Objectives Resolution was made justiciable. These spectacular measures left intact, however, the larger part of the previous legislation (including personal, financial, and fiscal law), which was kept out of reach of this process of Islamization by a decree of General Zia ul-Haq. There were built-in safeguards in the...
