Questions tagged [legislature]
The legislature tag has no usage guidance.
41
questions
0
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3answers
88 views
distinction between law maker and law interpreter like 'Law maker should not be law interpreter'?
The following could be answered simply by the separation of judicial and legislative branches in places such as the US but here goes:
I could swear I once heard this legal maxim/quote/aphorism/idk ...
-1
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1answer
104 views
How did the USA justify its war against Vietnam by way of International Law?
According to Shaws book on International Law:
The Soviet Union made considerable use of legal arguments in its efforts to establish its non-liability to contribute towards the peace-keeping ...
3
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1answer
356 views
Can people of California amend laws?
In the US state of California, if someone feels an existing law gives excessive punishments or is unconstitutional, what can they do?
3
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1answer
125 views
What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?
I am new when it comes to understanding the US Constitution and I am not comfortable with Section 2, Paragraph 3 of Article 1!
[Representatives and direct Taxes shall be apportioned
among the ...
0
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1answer
86 views
Does any legislature purport to legislate for everybody?
Is there any legislator or legislature that has regarded its laws as being of universal application?
It is said in Wikipedia that the Emperor Qianlong was like this, and worked on the 'assumption of ...
5
votes
1answer
1k views
Are policies automatically void if the politicians who enacted them were serving unlawfully?
Suppose that country X has law Y. A politician introduces bill Z, which is then voted on by the legislature. The legislature approves the bill by a 51 to 50 vote, and it becomes law, replacing and ...
0
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1answer
33 views
Is there legislation in Australia (or individual states) that outline the penalties for juror misconduct?
While there have been penalties in the past for jurors posting case info to Facebook, researching case, etc, is there a specific Act/piece of legislation that outlines the consequences for doing so? ...
1
vote
1answer
35 views
Why do laws often have a preamble with references to previous laws?
Why do many decrees, laws and acts start with a preamble with references to previous regulations? For instance, from an EU commission regulation:
THE EUROPEAN COMMISSION,
Having regard to the Treaty ...
1
vote
2answers
70 views
If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?
My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here:
If an ...
2
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1answer
123 views
Could U.S. states test a wealth tax?
There has been some debate in the Democratic Party on the subject of a federal wealth tax. I know that there is some debate about the constitutionality of a wealth tax, but for the purpose of this ...
1
vote
1answer
103 views
How does a company, with a multinational presence, establish the correct Jurisdiction to work within?
For the purpose of this question, let's assume an eCommerce company has the following profile:
Registration Location: London;
Distribution and Manufacturing: London;
Domain Name: www.example.co....
1
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0answers
30 views
Business legislation regarding selling homemade cosmetics
My business partner and I are looking to start a UK based hair product business which is 100% plant based and made from natural ingredients. Shampoo's, conditioners etc.
All products are created from ...
2
votes
2answers
107 views
When does a bill become law?
I am confused by both of these NJ bills:
A5217 and A1969
Both are nearly identical, and both indicate "Be it enacted".
Are they now the law? They appear to modify existing law. Nevertheless, that ...
2
votes
2answers
351 views
What is meaning of omission of a section from any act of legislature
I understand meaning of repealed sections. But, if any section of act has been identified as omitted does this mean that this particular section was not meant to be in the act? If so then why official ...
2
votes
1answer
34 views
What proportion of UK statutory instruments are passed using the negative resolution procedure?
I know that most EU directives are implemented via Statutory Instruments passed via the negative resolution procedure, but is this procedure commonly used for law with a UK origin?
1
vote
1answer
128 views
Washington v Davis in How To Get Away With Murder
In How To Get Away With Murder S04E13, a character says
In Washington v.
Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not ...
1
vote
2answers
327 views
What makes a 'good' piece of legislation, and what are considered good examples?
The Investigatory Powers Act 2016 is a controversial piece of legislation in the UK at the moment, considered poorly-written and authoritarian by its detractors. The Computer Misuse Act 1990 was ...
4
votes
1answer
99 views
Nomenclature for two UK Parliament Acts in the same year
Short titles for UK Parliament Acts are generally formed with the title itself and the year, e.g. Parliament Act 1911, (or, in Yes, Minister terms) Import, Export and Custom Powers (Defence) Act 1939.
...
4
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2answers
130 views
What is the purpose of this “Rule of construction” in a bill (H.R. 720)?
I'm reading the text of bill "H.R. 720: Lawsuit Abuse Reduction Act of 2017" as it was introduced on Jan 30, 2017 at govtrack.us.
Sec. 2. (b) reads
Rule of construction.--
Nothing in this ...
2
votes
2answers
1k views
Can the executive branch instruct an agency to not enforce a law?
Using the current discussion regarding the Johnson Act as an example (unless there are more relevant examples):
Can the Executive branch instruct an administrative agency to not enforce or ignore a ...
0
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2answers
154 views
“The 2 for 1 regulations EO”: how much is the executive branch allowed to legislate?
This is a very broad question (and one that will change over the next few weeks and months when the administration and congress weigh in), and could be overly subject to opinion.
But: is this new ...
1
vote
1answer
11k views
What is the difference between a law and an act?
In context of Indian legislature, I know that when a bill is put to vote in the Union parliament and gets the votes of majority of the members in all the houses, it is sent to the President of India ...
3
votes
1answer
201 views
Can you be arrested the day a law is enacted?
On October 2, 1937 the Marijuana Tax Act was enacted. On this same day, a man named Samuel R. Caldwell was arrested by federal agents for selling Marijuana to Moses Baca, who was also arrested.
Is ...
1
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1answer
75 views
Is a bylaw valid if there is an error in one of its whereas statements?
We have a bylaw that references another bylaw in one of the whereas statements.
It says, "WHEREAS Bylaw 1638 provides authority for..." and it doesn't really matter what bylaw 1638 provides ...
3
votes
1answer
92 views
References to repealed bylaws?
Section 67 of the Municipal Government Act states:
References to repealed bylaws
A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in ...
1
vote
3answers
131 views
Is there a way to get old bylaws off the books?
I'm doing some housekeeping in our bylaws, and we have a number of bylaws that aren't anything more than bylaws to rescind other bylaws.
For example, in the municipality I represent we have this ...
0
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1answer
126 views
Is direct voting of bills/laws by the people allowed in the consitution(US)?
I'm talking big issues like the recent vote by the British vote to exist EU. I'm talking federal bills/laws, does the US constitution allow these types of vote by the people?
3
votes
1answer
356 views
Fences around the laws; vote swapping
I don't know whether this is on topic because I'm not asking what the laws are but what the laws should be. On the 2nd thought, I can phrase it as a factual question:
Is criminalizing suspiciousness ...
1
vote
3answers
146 views
Processes for a law to be passed
In the US, what is the process for passing a new law? What are the stages and what are the regulatory bodies involved? Does it depend on the type of law?
Also, once a law is passed, is there any ...
2
votes
1answer
69 views
Using U.S. hosting service from Europe
I was reading about data transfer implications for those of us who live in EU. Apparently transferring any user's personal info outside of EU is not strictly legal, unless you go through some ...
0
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1answer
32 views
What is the area of law for procedures setting out the legislative process called and what theory is there?
Some laws act to explicitly set out what constitutes a law change, what types of legislation are possible and the legislative process that must be followed to enact a law. What is the area of law ...
2
votes
3answers
460 views
How much does the President have to take the Senate's appointment “advice?”
Article II, Section 2, of the US Constitution (emphasis added) states:
[The President] by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and ...
8
votes
5answers
5k views
Could the Senate abolish the Supreme Court?
As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
3
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2answers
3k views
What are the effects if a law changes while on trial?
Say you are on trial for crime A.
Legislation on crime A is edited/updated/changed in some way during your trial...
Does this start the trial over? Do you continue under old or new law?
Is the trial ...
4
votes
1answer
285 views
What does/did a Postmaster do?
Reading the list of officers of the 59th Congress, I see someone whose job I can't figure out:
Postmaster:
J.C. McElroy
What did the Postmaster do? Was it his job to oversee the nation's postal ...
1
vote
2answers
2k views
What are the different kinds of rules/procedures that describe what counts-as/constitutes a rule change and what kinds of problems can they cause?
This is a question about legislation, including constitutive rules and administrative law
To give some context, I am interested in legal reasoning (as in a logic of law), but I am not a legal-expert. ...
8
votes
2answers
1k views
Are US Senate/House rules legally enforcible?
Suppose, for example, that the Senate is considering the passage of a law. A Senator has decided to open a filibuster. After a half hour, the majority leader tires of hearing this Senator speak. He ...
2
votes
0answers
62 views
United States: I can't find XML file of the Affordable Care Act
I'd like an XML file of the Affordable Care Act (aka Obamacare), Public Law 111–148. I found plain text files, but those are not helpful, nor are the PDF files. I really need the XML file.
I tried ...
1
vote
2answers
4k views
Relationship between PL (Public Law) and USC (US Code)
I am learning about taxes. In discussing the jurisdiction to tax citizens, my course cites:
P.L. 86-272, Section 101(b)(1)
When I search for this text, I only find this:
5 U.S. Code § 381 - ...
0
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1answer
81 views
How can a municipality discourage and control destructive behavior? [closed]
I live in a town of about 20,000 people, plus a large college student influx in late August, in the state of New York. Not far from my house there is a dam in a creek. Just above the dam, there are ...
5
votes
1answer
96 views
How can one go about amending the law?
If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it?
For example, in Texas, a lot of landlords ...
