Jurisdiction (from the Latin Latin or sometimes Roman is an Italic language originally spoken in Latium and Ancient Rome. Although often considered a dead language, in view of the fact that it has no native speakers, a small number of scholars can fluently speak it and it continues to be taught in schools and universities and has been, and currently is, used in the process of ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority Authority, from the Latin word auctoritas, means invention, advice, opinion, influence, or command. Essentially authority is imposed by superiors upon inferiors either by force of arms or by force of argument (sapiential authority). Usually authority has components of both compulsion and persuasion. For this reason, as used in Roman law, authority granted to a formally constituted legal Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people body or to a political leader A politician or political leader is an individual who is involved in influencing public decision making. This includes people who hold decision-making positions in government, and people who seek those positions, whether by means of election, coup d'état, appointment, electoral fraud, conquest, right of inheritance (see also: divine right) or to deal with and make pronouncements on legal matters and, by implication, to administer justice Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority applies.
Jurisdiction draws its substance from public international law Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement, conflict of laws Conflict of laws is a set of procedural rules which determine which legal system, and the law of which jurisdiction, applies to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed by parties located in different countries, although the "foreign" element also exists, constitutional law Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, etc and the powers of the executive On the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers and legislative branches A legislature is a type of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bills. Legislatures are known by many names, the of government A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects to allocate resources to best serve the needs of its native society A society or a human society is a group of people related to each other through persistent relations such as social status, roles and social networks. Human societies are characterized by patterns of relationships between individuals sharing a distinctive culture and institutions. Without an article, the term refers either to the entirety of.
Contents |
Types
There are three main principles of judicial jurisdiction: personal (personam), territorial (locum), and subject matter (subjectam):
- Personal jurisdiction is an authority over a person, regardless of their location.
- Territorial jurisdiction is an authority confined to a bounded space, including all those present therein, and events which occur there.
- Subject-matter jurisdiction is an authority over the subject of the legal questions involved in the case.
Courts may also have jurisdiction that is exclusive, or concurrent (shared). Where a court has exclusive jurisdiction over a territory or a subject matter, it is the only court that is authorized to address that matter. Where a court has concurrent or shared jurisdiction, more than one court can adjudicate the matter. Where a concurrent jurisdiction exists in a civil case, a party may attempt to engage in forum shopping, by bringing the case to a court which it presumes would rule in its favor.
International dimension
International laws and treaties provide agreements which nations agree to be bound to.
Political issue
Supranational organizations provide mechanisms whereby disputes between states may be resolved through arbitration or mediation. When a country is recognized as de jure, it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist.
However, it is often at the discretion of each state whether to co-operate or participate. If a state does agree to participate in activities of the supranational bodies and accept decisions, the state is giving up its sovereign authority and thereby allocating power to these bodies.
Insofar as these bodies or nominated individuals may resolve disputes in a judicial or quasi-judicial fashion, or promote treaty obligations in the nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of the judgments may be enforced, or proposed treaties and conventions may become or remain effective within the territorial boundaries of each nation is a political matter under the sovereign control of the relevant representative government(s) which, in a democratic context, will have electorates to satisfy.
International and municipal jurisdiction
The fact that international organizations, courts and tribunals have been created raises the difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity, i.e. the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if the jurisdiction claimed is concurrent, or as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically.
The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert the benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to states (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy). Under Article 34 Statute of the ICJ[1] only states may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces the risk of wasting the Court's time.
Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those states which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik-based diplomacy.
Within other international contexts, there are intergovernmental organizations such as the World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the states affected, save that the WTO is permitted to allow retaliatory action by successful states against those states found to be in breach of international trade law. At a regional level, groups of states can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated states although the political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched and its authority could only be denied by a member state if that member State asserts its sovereignty and withdraws from the union.
|
Thu, 26 Aug 2010 00:59:49 GMT+00:00
Economic Times MUMBAI: The Bombay High Court has ruled that capital market regulator Securities and Exchange Board of India, or Sebi, has the jurisdiction to investigate ...
750px x 750px | 34.30kB
[source page]
I wish today was the God Judge DSG today I did this after reading through the titles on DSG s
Sat, 01 Mar 2008 13:13:47 PST
An older video put out by the Supreme Council of the Ancient & Accepted Scottish Rite, Southern Jurisdiction of the United States. ... video.google.com.
