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Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

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Selected article

The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted.

The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The bill was finally abolished by the Uniformity of Process Act 1832 (2 & 3 Will. 4. c. 39).

As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice. (Full article...)

Selected biography

Sir Robert Randolph Garran GCMG KC (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia.

Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was to write the inaugural edition of the Commonwealth Gazette, which contained Queen Victoria's proclamation authorising the creation of a federal government.

Over the following three decades, Garran provided legal advice to ten different prime ministers, from Barton to Joseph Lyons. He was considered an early expert in Australian constitutional law, and with John Quick published an annotated edition of the constitution that became a standard reference work. Garran developed a close relationship with Billy Hughes during World War I, and accompanied him to the Imperial War Cabinet and the Paris Peace Conference. Hughes, who was simultaneously prime minister and attorney-general, appointed him to the new position of solicitor-general and delegated numerous powers and responsibilities to him. He was knighted three times for his service to the Commonwealth, in 1917, in 1920 and in 1937. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body; a law enacted by a legislature. Typically, statutes declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (otherwise known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)

The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.

The Parliament Act 1911 (1 & 2 Geo. 5. c. 13) asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords (the suspensory veto). Provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords. Additionally, the 1911 Act amended the Septennial Act 1716 to reduce the maximum life of a Parliament from seven years to five years. The Parliament Act 1911 was amended by the Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103), which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one.

The Parliament Acts have been used to pass legislation against the wishes of the House of Lords on seven occasions since 1911, including the passing of the Parliament Act 1949. Some constitutional lawyers had questioned the validity of the 1949 Act. These doubts were rejected in 2005 when members of the Countryside Alliance unsuccessfully challenged the validity of the Hunting Act 2004, which had been passed under the auspices of the Act. In October 2005, the Appellate Committee of the House of Lords dismissed the Alliance's appeal against this decision, with an unusually large panel of nine Law Lords (out of then-existing twelve) holding that the 1949 Act was a valid Act of Parliament. (Full article...)

Did you know...

... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?

... that in English law, legal relations created in a social context are not considered binding?

... that in 2011, Argentinian lawyer Elsa Kelly (pictured) was appointed the first women judge on the International Tribunal for the Law of the Sea?

... that the English Statute of Enrolments, believed to have been emergency legislation, contains no preamble and was drafted by the Clerk of the House of Commons rather than a legislator?

... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows?

... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?

... that a kidney transplantation scandal led to a 2011 amendment to the law on organ donation in India?

Selected images

Image 1Painting of a jury deliberating
Image 2A courtroom in Tokyo, Japan
Image 3Justices of the Supreme Court of the United States as of October 2020
Image 4Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 5Jeremy Bentham's writings influenced law for generations.
Image 6Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 7The defendants sitting in the dock during the Nuremberg Trials
Image 8Statue of Lady Justice holding scales
Image 9The Langdell Library of Harvard Law School
Image 10Jawaharlal Nehru at the Allahabad High Court
Image 11The first Supreme Court of Puerto Rico
Image 12Legal systems of the world
Image 13The Constitution of India
Image 14King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 15Signing of the Magna Carta

Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.

In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 ordinance and announced he would not appeal against the decision, allowing the Chagossians to return home.

In 2004, an Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home.

The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3–2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation. (Full article...)

More Did you know (auto-generated)

... that many African countries provide for legal abortion in their reproductive health laws, but such laws have been passed without grounds for legal abortion in Madagascar and in Senegal?
... that in 2012, a "stylish but illegal monkey" was seen wandering a Toronto-area IKEA?
... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA?
... that Australia-born rugby union player Jason Jones-Hughes was the subject of a protracted legal battle over his international eligibility after Wales called him up for the 1999 Rugby World Cup?
... that the Israeli song "HaSela haAdom", about illegal trips to Petra, was banned in Israel?
... that women seeking abortions in Eswatini or in Lesotho may travel to neighbouring South Africa, where it is legal?

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General images

The following are images from various law-related articles on Wikipedia.

Image 1The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 2"With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history)
Image 3Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 4Philosophers of law ask, "What is law, and what should it be?" (from Jurisprudence)
Image 5Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 6Corpus Iuris Civilis, 1607 (from Judiciary)
Image 7Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 8Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 9King John of England signs the Magna Carta (from Legal history)
Image 10Aristotle, by Francesco Hayez (from Jurisprudence)
Image 11Gratian (from Judiciary)
Image 12Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 13The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from Legal history)
Image 14Mill believed law should create happiness. (from Jurisprudence)
Image 15Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)

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