Skip to main content
22 votes
Accepted

Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?

No. While the Equal Protection Clause of the 14th Amendment doesn’t apply to the federal government, the Supreme Court has read the same requirements into the 5th Amendment. This is generally ...
cpast's user avatar
  • 24.2k
7 votes
Accepted

What legal system does the European Union use?

I was curious as to what legal system the EU uses? I have seen Articles which give me the feeling of a Civil Legal System, but I have also found case law (I think this is EU case law?) being quoted. ...
ohwilleke's user avatar
  • 221k
5 votes
Accepted

How speedy must a trial be to for the purposes of article 6, ECHR?

Article 6 ECHR does not require a speedy trial Ir requires "a ... hearing within a reasonable time ..." Form the EUROPEAN COURT OF HUMAN RIGHTS Guide on Article 6 of the European Convention ...
Dale M's user avatar
  • 213k
3 votes
Accepted

Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998?

Before the Human Rights Act 1998, you could not complain on European Convention on Human Rights grounds to domestic courts. The UK as a state was signatory to and therefore bound by the Convention. ...
Lag's user avatar
  • 17.4k
3 votes

Double Jeopardy when received a police caution?

Double jeopardy doesn’t apply to different Sovereigns The laws of one state do not bind another- so, as in your example, if the UK declines to prosecute or even if they do and you serve 20 years, any ...
Dale M's user avatar
  • 213k
3 votes

Double Jeopardy when received a police caution?

canada The constitutional protection against double jeopardy is found at s. 11(h) of the Charter: Any person charged with an offence has the right... if finally acquitted of the offence, not to be ...
Jen's user avatar
  • 59.8k
1 vote

What does the ECHR actually require of signatories?

According to Wikipedia: The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the ...
ohwilleke's user avatar
  • 221k

Only top scored, non community-wiki answers of a minimum length are eligible