164-405: Anti-terrorism legislation are laws aimed at fighting terrorism . They usually, if not always, follow specific bombings or assassinations . Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity. Because of this suspension of regular procedure, such legislation
328-400: A barrister as a likely career. Howard attended Earlwood Primary School and Canterbury Boys' High School . He won a citizenship prize in his final year at Earlwood (presented by local politician Eric Willis ), and subsequently represented his secondary school at debating as well as cricket and rugby union . Cricket remained a lifelong hobby. In his final year at school he took part in
492-401: 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
656-644: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
820-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
984-688: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
1148-413: A snap election for October 1998, three months sooner than required. The Coalition actually lost the national two-party preferred vote to Labor, suffering a 14-seat swing. However, the uneven nature of the swing allowed Howard to win a second term in government, with a considerably reduced majority (from 45 seats to 12). Howard himself finished just short of a majority on the first count in his own seat, and
1312-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
1476-584: A GST would "never ever" be part of the Liberal Party's policy. Howard, when making the promise, referred to the GST as being a losing policy for Hewson's election campaign in 1993. By the time the writs were issued for the 1996 election , the Coalition had been well ahead of Labor in opinion polls for over a year. The consensus of most opinion polls was that Howard would be the next prime minister. With
1640-585: A Liberal if elected. Howard repudiated Hanson's views seven months after her maiden speech. Following the Wik Decision of the High Court in 1996, the Howard government moved swiftly to legislate limitations on its possible implications through the so-called Ten-Point Plan . From 1997, Howard spearheaded the Coalition push to introduce a Goods and Services Tax (GST) at the subsequent election; this
1804-409: A bid to become prime minister himself—the " Joh for Canberra " campaign. Keating campaigned against Howard's proposed tax changes forcing Howard to admit a double-counting in the proposal, and emphasising to the electorate that the package would mean at that stage undisclosed cuts to government services. Howard was not helped when the federal Nationals broke off the Coalition agreement in support of
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#17327761875941968-404: A boy. In 1955, when Howard was aged 16, his father died, leaving his mother to take care of him. Howard suffered a hearing impairment in his youth, leaving him with a slight speech impediment , and he continues to wear a hearing aid. It also influenced him in subtle ways, limiting his early academic performance; encouraging a reliance on an excellent memory; and in his mind ruling out becoming
2132-760: A broadly based indirect tax, and the rejection of counter-cyclical fiscal policy. Following the defeat of the Fraser government and Fraser's subsequent resignation from parliament, Howard contested the Liberal leadership against Andrew Peacock , losing 36–20 . However, he was re-elected as deputy leader. The Liberal Party were again defeated by Labor at the early 1984 election . In 1985, as Labor's position in opinion polls improved, Peacock's popularity sank and Howard's profile rose. Leadership speculation persisted, and Peacock said he would no longer accept Howard as deputy unless he offered assurances that he would not challenge for
2296-554: A fair trial . El Salvador , presided by Antonio Saca of the right-wing ARENA party, had adopted in September 2006 an anti-terrorist law. All major parties, including the FMLN , have criticized the law, claiming it could be used against social movements The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions. In July 2007,
2460-451: A handbill or making graffiti or wall-chalking intended to create unrest or fear or create a threat to the security of law and order..." In 2017 Ukraine opened a case against Russia for involvement and financing of military-occupied Autonomous Republic of Crimea and part of Donbas . China passed Anti-terrorism Law on December 27, 2015. The Anti-terrorism Law has 10 chapters and 97 articles, taking effect on January 1, 2016. Before
2624-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
2788-431: A large lead over Latham as preferred prime minister. In the lead up to the election, Howard again did not commit to serving a full term. Howard attacked Latham's economic record as Mayor of Liverpool City Council and attacked Labor's economic history. The election resulted in a five-seat swing to the Coalition, netting it a majority almost as large as in 1996. It also resulted the first, albeit slim, government majority in
2952-579: A majority in their own right with 75 seats, the most that the party had ever won. It was only the third time (the others being 1975 and 1977) that the main non-Labor party has been even theoretically able to govern alone since the Coalition's formation. Nevertheless, Howard kept the Nationals in his government. Howard entered office with a 45-seat majority—the second-biggest majority in Australian history, only behind Fraser's 55-seat majority in 1975. At
3116-576: A man of steel, he's showed the world he's a man of heart." In April 2002, Howard was the first Australian prime minister to attend a royal funeral, that of Queen Elizabeth The Queen Mother . In October Howard responded to the 2002 Bali bombing with calls for solidarity. Howard re-dedicated his government to the " War on Terror ". In March 2003, Australia joined the US-led " Multinational force in Iraq " in sending 2,000 troops and naval units to support in
3280-601: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
3444-572: A radio show hosted by Jack Davey , Give It a Go , broadcast on the commercial radio station, 2GB . After gaining his Leaving Certificate , he studied law at the University of Sydney , graduating with a Bachelor of Laws degree in 1962. Howard began working for the firm of Stephen Jaques and Stephen as a junior solicitor. In 1964, he took a trip around the world, visiting Britain, Europe, Israel, India, and Singapore. After returning to Sydney in 1965, he began working for Clayton Utz , but "lacked
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#17327761875943608-412: A referendum be held, Habibie made a snap decision to hold a vote on independence. This referendum on the territory's independence triggered a Howard and Downer orchestrated shift in Australian policy. In September 1999, Howard organised an Australian-led international peace-keeping force to East Timor ( INTERFET ), after pro-Indonesia militia launched a violent "scorched-earth" campaign in retaliation to
3772-524: A repeat of mistakes made at the 1993 election, Howard revised his earlier statements against Medicare and Asian immigration, describing Australia as "a unique intersection between Europe, North America and Asia". This allowed Howard to campaign on a "small-target" strategy. He focused on the economy and memory of the early 1990s recession, and on the longevity of the Labor government, which in 1996 had been in power for 13 years. In May 1995, Howard promised that
3936-538: A result, the Hawke government was handily reelected, winning the most seats that Labor had ever won in an election. In his social agenda, Howard promoted the traditional family and was antipathetic to the promotion of multiculturalism at the expense of a shared Australian identity. The controversial immigration policy, One Australia , outlined a vision of "one nation and one future" and opposed multiculturalism. Howard publicly suggested that to support "social cohesion"
4100-409: A sentence of less than 20 years. It passed to four years after 1970. A decree -law of 11 April 1974 authorized a four-year detention until the first judgment, six years until the appeal, and eight years until the definitive judgment. In case of indictment for "acts of terrorism," the preventive detention was extended to twelve years. The Cossiga decree-law was passed on 15 December 1979. It prolonged
4264-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
4428-499: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
4592-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
4756-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
4920-541: Is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia and was the member of parliament (MP) for the New South Wales division of Bennelong from 1974 to 2007. His eleven-year tenure as prime minister is the second-longest in Australian history , behind only Sir Robert Menzies . Howard has also been
5084-733: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
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5248-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
5412-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
5576-516: Is obligated to verify the identity of each user and shall refuse to provide services to a user who refuses such verification or fails to provide a clear identity. Any company who fails to meet such obligation may face fines, orders of rectification and its management and executives may face fines and even detentions from 5 to 15 days. In addition, Article 18 says any telecommunication operator or internet provider shall provide technology access and source code or other de-encryption support and assistance for
5740-520: Is sometimes criticized as a form of lois scélérates which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government. Terrorism has been on the international agenda since 1934, when the League of Nations , predecessor of the United Nations , began
5904-543: 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. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
6068-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
6232-1060: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
6396-490: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
6560-567: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
6724-631: Is trying the crimes. Law 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
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6888-469: Is wrong, racist, immoral or anything, for a country to say 'we will decide what the cultural identity and the cultural destiny of this country will be and nobody else." Howard is opposed to abortion and voted against the RU-486 abortion drug being legalised. As the country's economic position worsened in 1989, public opinion moved away from Labor, however there was no firm opinion poll lead for Howard or
7052-701: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
7216-459: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
7380-535: The 2004 federal election . In his final term in office, his government introduced industrial relations reforms known as WorkChoices , which proved controversial and unpopular with the public. The Howard government was defeated at the 2007 federal election , with the Labor Party's Kevin Rudd succeeding him as prime minister. Howard also lost his own seat of Bennelong at the election to Maxine McKew , becoming only
7544-405: The Australian constitutional monarchy . Despite opinion polls suggesting Australians favoured a republic, a 1999 referendum rejected the model chosen by the convention. The new President of Indonesia , B.J. Habibie , had some months earlier agreed to grant special autonomy to Indonesian-occupied East Timor . However, following the receipt of a letter sent by Howard to Habibie suggesting that
7708-504: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
7872-611: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
8036-486: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
8200-577: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
8364-1251: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
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#17327761875948528-571: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
8692-668: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
8856-538: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
9020-679: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
9184-479: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
9348-554: The Port Arthur massacre , and controversially implemented a nationwide value-added tax , breaking a pre-election promise. The Howard government called a snap election for October 1998 , which they won, albeit with a greatly reduced majority. Going into the 2001 election , the Coalition trailed behind Labor in opinion polling . However, in a campaign dominated by national security, Howard introduced changes to Australia's immigration system to deter asylum seekers from entering
9512-622: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
9676-485: The UN General Assembly adopted a "Global Counter-Terrorism Strategy". A 16th international convention, a proposed Comprehensive Convention on International Terrorism , is currently under negotiations. →(rev)Act on prohibition against the financing of terrorism and proliferation of weapons of mass destruction (March 29, 2016) France has passed a variety of anti-terrorist laws, the first of which being
9840-704: The War in Afghanistan despite widespread opposition. Howard developed a strong personal relationship with the President, and they shared often similar ideological positions – including on the role of the United States in world affairs and their approach to the " War on Terror ". In May 2003, Howard made an overnight stay at Bush's Prairie Chapel Ranch in Texas, after which Bush said that Howard "...is not only
10004-681: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
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#173277618759410168-453: The invasion of Iraq . In response to the Australian participation in the invasion, there were large protests in Australian cities during March 2003, and Prime Minister Howard was heckled from the public gallery of Parliament House. While opinion polls showed that opposition to the war without UN backing was between 48 and 92 per cent, Howard remained preferred prime-minister over the Leader of
10332-485: The "Joh for Canberra" push, which led to a large number of three-cornered contests. Bjelke-Petersen abandoned his bid for prime minister a month before the election, however, the damage had already been done. Additionally, a number of swing voters outside Queensland were alarmed at the prospect of Bjelke-Petersen holding the balance of power, and voted for Labor to ensure that the Liberals and Nationals would be defeated. As
10496-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
10660-551: The "most blemished chapter" in Australia's history; offered "deep and sincere regret " for past injustices. Following his 2007 loss of the prime ministership, Howard was the only living former prime minister who declined to attend the February 2008 apology made by Kevin Rudd with bi-partisan support. Howard did not commit to serving a full term if he won the next election; on his 61st birthday in July 2000 he said he would consider
10824-411: The "unloseable" 1993 election to Paul Keating , Howard unsuccessfully challenged Hewson for the leadership. In 1994, he was again passed over for the leadership, which went to Alexander Downer . Hewson had pledged to resign if defeated in 1993 but did not resign to block Howard from succeeding him. In January 1995, leaked internal Liberal Party polling showed that with gaffe-prone Downer as leader,
10988-518: The 1982 Constitution , enacted following the 1980 military coup . As of 2008, detainees arrested under the Anti-Terror Law have access to lawyers at the very beginning of their detention. In 2017 Ukraine opened a case against Russia for involvement and financing of military occupied Autonomous Republic of Crimea and part of Donbas . This act is effective from 11 June 2008. Under section 28 of this Act, anti terrorist special Tribunal
11152-422: The 19th-century lois scélérates restricting freedom of expression . Today, magistrates in the Justice Ministry anti-terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them. Italy passed various anti-terrorist laws during the " Years of Lead " ( anni di piombo ) in the 1970s. The Reale Act was adopted on 22 May 1975. It allowed
11316-469: The 20-year Labor incumbent, Les Haylen . In mid-1964, Howard travelled to London to work and travel for a period. He volunteered for the Conservative Party in the electorate of Holborn and St Pancras South at the 1964 UK general election . In 1967, with the support of party power brokers John Carrick and Eric Willis , Howard was endorsed as candidate for the marginal suburban state seat of Drummoyne , held by Labor's Reg Coady . Howard's mother sold
11480-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
11644-411: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
11808-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
11972-594: The Anti-Terror Law punished many non-violent offences. Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky , summarizing the history of the human rights of Kurdish people in Turkey ; he was acquitted, however, in February 2002. State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to
12136-486: The Campbell report, but adopted an incremental approach with Cabinet, as there was wide opposition to deregulation within the government and the treasury. The process of reform began before the committee reported 2 1 ⁄ 2 years later, with the introduction of the tender system for the sale of Treasury notes in 1979, and Treasury bonds in 1982. Ian Macfarlane described these reforms as "second only in importance to
12300-435: The Coalition had slim chance of holding its marginal seats in the next election, let alone of winning government. Media speculation of a leadership spill ended when, on 26 January 1995, Downer resigned as Liberal Leader and Howard was elected unopposed to replace him. The Coalition subsequently opened a large lead over Labor in most opinion polls, and Howard overtook Paul Keating as preferred prime minister. Hoping to avoid
12464-473: The Coalition. In February, Liberal Party president and prominent businessman, John Elliott , said confidentially to Andrew Peacock that he would support him in a leadership challenge against Howard, and in May a surprise leadership coup was launched, ousting Howard as Liberal leader. When asked that day whether he could become Liberal leader again, Howard likened it to "Lazarus with a triple bypass" . The loss of
12628-519: The Government would lose office in the election later that year. The government announced a series of policy reversals and softenings which boosted the government's fortunes, as did news that the economy had avoided recession. The government's position on "border protection", in particular the Tampa affair where Howard refused the landing of asylum seekers rescued by a Norwegian freighter, consolidated
12792-408: The Howard government. Also unpopular with voters were large spending cuts aimed at eliminating the budget deficit (and Howard's distinction between "core" and "non-core" election promises when cutting spending commitments), industrial changes and the 1998 waterfront dispute , the partial sale of government telecommunications company Telstra , and the Government's commitment to a GST. Howard called
12956-701: The Indonesian legal system, a Government Regulation in Lieu of Law has the same power as a parliament-enacted legislation, except that it can only be issued under emergency circumstances and is subject to review by the next parliamentary session. Nevertheless, Indonesian Parliament enacted this emergency regulation into Law 15/2003. As since, Indonesia has an anti-terror legislation with strong political support. The Anti-Terror Law cultivates many criticism, however. The Law contained provisions which can circumvent normal criminal proceeding such as quick and long detention. One of
13120-493: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
13284-409: The Liberal Party leadership to Peacock deeply affected Howard, who admitted he would occasionally drink too much. Declining Peacock's offer of Shadow Education, Howard went to the backbench and a new period of party disunity ensued which was highlighted by a Four Corners episode detailing the coup against Howard. Following the Coalition's 1990 election loss, Howard considered challenging Peacock for
13448-437: The Liberal Party. In December 1977, aged 38, Howard was appointed Treasurer , in place of Phillip Lynch . He was the youngest Treasurer since Chris Watson in 1904. Fraser said in his memoirs that he appointed him despite his limited experience because "he was bright and he got across a brief well, and he was a good manager". During his five years in the position, Howard became an adherent of free-market economics , which
13612-565: The Opposition . He led the Liberal–National coalition to the 1987 federal election , but lost to Bob Hawke 's Labor government, and was removed from the leadership in 1989. Remaining a key figure in the party, Howard was re-elected leader in 1995, replacing Alexander Downer , and subsequently led the Coalition to a landslide victory at the 1996 federal election . In his first term, Howard introduced reformed gun laws in response to
13776-436: The Opposition, Simon Crean , although his approval ratings were lower compared to before the war. Throughout 2002 and 2003 Howard had increased his opinion poll lead over Labor Party leader, Simon Crean . In December 2003, Crean resigned after losing party support and Mark Latham was elected leader. Howard called an election for 9 October 2004 . While the government was behind Labor in the opinion polls, Howard himself had
13940-428: The Opposition. Defunct Defunct Howard was in effect the Liberal party's first pro-market leader in the conservative Coalition and spent the next two years working to revise Liberal policy away from that of Fraser's. In his own words he was an "economic radical" and a social conservative . Referring to the pro-market liberalism of the 1980s, Howard said in July 1986 that "The times will suit me". That year
14104-510: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
14268-691: The Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts. The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in
14432-471: The Senate since 1981. For the second time since becoming prime minister, Howard came up short of a majority in the first count for his own seat. He was assured of reelection on the third count, ultimately winning 53.3 per cent of the two-party preferred vote. On 21 December 2004, Howard overtook Bob Hawke to become the second longest-serving Australian prime minister after Sir Robert Menzies . In 2006, with
14596-1348: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
14760-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
14924-576: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
15088-540: The age of 56, he was sworn in as prime minister on 11 March 1996, ending a record 13 years of Coalition opposition. Howard departed from tradition and made his primary residence Kirribilli House in Sydney rather than The Lodge in Canberra. Early in the term Howard had championed significant new restrictions on gun ownership following the Port Arthur massacre in which 35 people had been shot dead. Achieving agreement in
15252-577: The assembly of decrees of emergency enacted by the executive power, respectively on March 28, 1978, and on December 15, 1979. UK anti-terrorism legislation is subject to regular review by the Independent Reviewer of Terrorism Legislation . The Civil Rights Network opposes such legislation. Elizabeth Evatt , a federal judge, has criticized John Howard 's 2005 anti-terrorism bill, particularly provisions relating to control orders and preventive detention, saying that "These laws are striking at
15416-587: The country, and pledged military assistance to the United States following the September 11 attacks . Due to this, Howard won widespread support, and his government would be narrowly re-elected. In Howard's third term in office, Australia contributed troops to the War in Afghanistan and the Iraq War , and led the International Force for East Timor . The Coalition would be re-elected once more at
15580-489: The country—resulted in stagflation ; unemployment touched double-digits and inflation peaked at 12.5% (official interest rates peaked at 21%). The Fraser government with Howard as Treasurer lost the 1983 election to the Labor Party led by Bob Hawke . Over the course of the 1980s, the Liberal Party came to accept the free-market policies that Fraser had resisted and Howard had espoused. Policies included low protection, decentralisation of wage fixation, financial deregulation,
15744-526: The current version of the law lists arson as a "terrorist" offence. This has allowed the application of the law against Mapuche vandals. While recognizing that crimes have certainly been committed, the international organization believes that they are not comparable to terrorist acts. In 2018, Amnesty International urged Chile to stop utilizing the Anti-Terrorism Law [ es ] to prosecute Mapuche dissidents affirmed all people's right to
15908-586: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
16072-508: The economy was seen to be in crisis with a 40% devaluation of the Australian dollar, a marked increase in the current account deficit and the loss of the Federal Government's triple A rating. In response to the economic circumstances, Howard persistently attacked the Labor government and offered his free-market reform agenda. Support for the Labor Party and Hawke strengthened in 1985 and 1986 and Howard's approval ratings dropped in
16236-565: The elaboration of a convention for the prevention and punishment of terrorism. Although the convention was eventually adopted in 1937, it never came into force. Today, there are 15 counter-terrorism international conventions in force. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency (IAEA). Moreover, on 8 September 2006,
16400-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
16564-576: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. John Howard Prime Minister of Australia Term of government (1996–2007) Ministries Elections John Winston Howard (born 26 July 1939)
16728-647: The face of immense opposition from within the Coalition and some State governments, was credited with significantly elevating Howard's stature as prime minister despite a backlash from core Coalition rural constituents. Howard's initial silence on the views of Pauline Hanson —a disendorsed Liberal Party candidate and later independent MP from the Brisbane area—was criticised in the press as an endorsement of her views. When Hanson had made derogatory statements about minorities, Howard not only cancelled her Liberal endorsement, but declared she would not be allowed to sit as
16892-480: The face of infighting between Howard and Peacock supporters, a "public manifestation of disunity" over policy positions, and questions over Howard's leadership. Hawke called the 1987 federal election six months early. In addition to the Howard–Peacock rivalry, Queensland National Party criticism of the federal Liberal and National leadership culminated in longtime Queensland Premier Joh Bjelke-Petersen making
17056-526: The family home in Earlwood and rented a house with him at Five Dock , a suburb within the electorate. At the election in February 1968 , in which the incumbent state Liberal government was returned to office, Howard narrowly lost to Coady, despite campaigning vigorously. At the 1974 federal election , Howard successfully contested the Division of Bennelong , located in suburban Sydney. The election saw
17220-514: The float of the Australian dollar in 1983." In 1981, Howard proposed a broad-based indirect tax with compensatory cuts in personal rates; however, cabinet rejected it citing both inflationary and political reasons. After the free-marketeers or "drys" of the Liberals challenged the protectionist policies of Minister for Industry and Commerce Phillip Lynch , they shifted their loyalties to Howard. Following an unsuccessful leadership challenge by Andrew Peacock to unseat Fraser as prime minister, Howard
17384-405: The general public. Howard is the fourth son of Mona ( née Kell) and Lyall Howard , who married in 1925. Howard was also known as "Jack" in his youth. His older brothers were Walter (1926–2019), Stanley (1930–2014) and Robert (b. 1936). Lyall Howard was an admirer of Winston Churchill . Howard's ancestors were English, Scottish, and Irish. He is descended from convict William Tooley, who
17548-844: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
17712-399: The government now controlling both houses of parliament for the first time since the Fraser era, industrial relations changes were enacted. Named " WorkChoices " and championed by Howard, they were intended to fundamentally change the employer-employee relationship. Opposed by a broad trade union campaign and antipathy within the electorate, WorkChoices was subsequently seen as a major factor in
17876-530: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
18040-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
18204-525: The improving polls for the government, as did the 11 September 2001 attacks . Howard led the government to victory in the 2001 federal election with an increased majority. Howard had first met US President George W. Bush in the days before the 11 September terrorist attacks and was in Washington the morning of the attacks. In response to the attacks, Howard invoked the ANZUS Treaty . In October 2001, he committed Australian military personnel to
18368-401: The issue as instrumental in Howard subsequently losing the leadership in 1989. In a 1995 newspaper article (and in 2002 as prime minister), Howard recanted his 1988 remarks on curbing Asian immigration. In line with "One Australia's" rejection of Aboriginal land rights, Howard said the idea of an Aboriginal treaty was "repugnant to the ideals of One Australia" and commented "I don't think it
18532-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
18696-450: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
18860-622: 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
19024-734: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
19188-597: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
19352-463: The leadership, but didn't have enough support for a bid. Ultimately, Peacock resigned and was replaced with Howard's former staffer John Hewson who defeated Peter Reith ; Peacock supported Hewson as a symbol of generational change . Howard was a supporter of Hewson's economic program, with a Goods and Services Tax (GST) as its centrepiece. Howard was Shadow Minister for Industrial relations and oversaw Jobsback section of Fightback. After Hewson lost
19516-452: The leadership. Following Howard's refusal to offer such an assurance, Peacock sought, in September 1985, to replace him with John Moore as deputy leader. The party room re-elected Howard as deputy on 5 September 38 votes to 31, which Peacock treated as a vote of no confidence in his leadership. He subsequently called a leadership ballot , which he chose not to contest. Howard defeated Jim Carlton by 57 votes to six, thus becoming Leader of
19680-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
19844-596: The length of preventive detention relative to terrorism suspicions and allowed wiretaps . Critics have pointed out that this violated articles 15 and 27 of the Constitution. The Cossiga decree-law also created the status of pentito (officially "collaborators of justice"): those accused of terrorism crimes and who accepted of confessing them and of informing the authorities about their accomplices could be liberated. Law n°191 of May 21, 1978, called " Moro law ", and law n°15 of February 6, 1980, were ratifications by
20008-621: The main contentious provision of the Law is that it allows Intelligence Information to be used as a preliminary evidence that can be used for apprehending a suspect. The role of Intelligence Information as evidence has been a subject of hot debate in Indonesia. Article 8 of the Anti-Terror Law (Law 3713; April 1991), slightly amended in 1995 and later repealed, imposed three-year prison sentences for "separatist propaganda." Despite its name,
20172-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
20336-520: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
20500-982: The month. Many years Israel has relied on mandatory regulations as a legal basis for fighting terrorism and for convicting terrorists both in civilian and military courts. In 2016, after a long and thorough work by the Minister of Justice Ayelet Shaked , the Knesset passed a comprehensive law against terrorism, forbidding any kind of terrorism and support of terrorism, and setting severe punishments for terrorists. The law also regulates legal efforts against terrorism. Peru adopted anti-terrorist laws in 1992, under Alberto Fujimori 's presidency. The laws were criticized by Amnesty International, who declared in its 2002 report that "Detainees falsely charged with 'terrorism-related' offences in previous years remained held. 'Anti-terrorism' legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of
20664-462: The most fundamental freedoms in our democracy in a most draconian way." "creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikes , go-slows , lock-outs , vehicle snatching/lifting, damage to or destruction of State or private property, random firing to create panic, charging bhatha [protection money/extortion], acts of criminal trespass, distributing, publishing or pasting of
20828-676: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
20992-512: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
21156-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
21320-523: The oldest living Australian former prime minister since the death of Bob Hawke in May 2019. Howard was born in Sydney and studied law at the University of Sydney . He was a commercial lawyer before entering parliament. A former federal president of the Young Liberals , he first stood for office at the 1968 New South Wales state election , but lost narrowly. At the 1974 federal election , Howard
21484-515: The police to carry out searches and arrest persons without being mandated by an investigative judge. Interrogation could take place without the presence of a lawyer. Critics underlined that this contradicted article 3 of the Constitution on equality before the law. Preventive detention was fixed before 1970 to two years, for a possible sentence going between 20 years to perpetuity, while it was limited to one year for charges of crimes leading to
21648-503: The political spectrum, and commanded a diverse base of supporters, colloquially referred to as his " battlers ". Retrospectively, ratings of Howard's premiership have been polarised. His critics have admonished him for involving Australia in the Iraq War, his policies regarding asylum seekers, and his economic agenda. Nonetheless, he has been frequently ranked within the upper-tier of Australian prime ministers by political experts and
21812-570: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
21976-490: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
22140-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
22304-577: The promulgation of Anti-terrorism Law, though anti-terrorism laws can be found in the Criminal Law or some other emergency action regulations, there was not a systematic legal structure or source for anti-terrorism actions. The most controversial provisions of the Anti-terrorism Law are the numerous new restrictions on the operation of internet and technology based companies, among which Article 21 says that an internet operator or provider
22468-616: The purposes of preventing and investigating terrorism by Public Safety Department or National Security Department. Human Rights Watch has criticized the Chilean government for inappropriately using anti-terrorist legislation against Mapuche groups involved in land conflicts. While the legislation in question was originally enacted by the Pinochet dictatorship, the democratic governments that have followed have actually increased its severity. Human Rights Watch has expressed special concern that
22632-409: The question of retirement when he turned 64. This was interpreted as boosting Costello's leadership aspirations, and the enmity over leadership and succession resurfaced publicly when Howard did not retire at the age of 64. In the first half of 2001, rising petrol prices, voter enmity over the implementation of the GST, a spike in inflation and economic slowdown led to bad opinion polls and predictions
22796-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
22960-577: The rate of Asian immigration be "slowed down a little". The comments divided opinion within the Coalition, and undermined Howard's standing amongst Liberal party figures including federal and state Ministers, intellectual opinion makers, business leaders, and within the Asia Pacific. Three Liberal MPs crossed the floor and two abstained in response to a motion put forward by Prime Minister Hawke to affirm that race or ethnicity would not be used as immigrant selection criteria. Many Liberals later nominated
23124-579: The referendum's overwhelming vote in favour of independence. The successful mission was widely supported by Australian voters, but the government was criticised for "foreign policy failure" following the violence and collapse of diplomatic relations with Indonesia. By Howard's fourth term, relations with Indonesia had recovered to include counter-terrorism cooperation and Australia's $ 1bn Boxing Day Tsunami relief efforts, and were assisted by good relations between Howard and Indonesian president Susilo Bambang Yudhoyono . Throughout his prime-ministership, Howard
23288-497: The return of the Gough Whitlam -led Labor government. Howard supported Malcolm Fraser for the leadership of the Liberal Party against Billy Snedden following the 1974 election. When Fraser won office at the 1975 federal election , Howard was appointed Minister for Business and Consumer Affairs , a position in which he served until 1977. At this stage, he followed the protectionist and pro-regulation stance of Fraser and
23452-404: The second prime minister to do so, after Stanley Bruce at the 1929 election . Following this loss, Howard retired from politics, but has remained active in political discourse. Howard's government presided over a sustained period of economic growth and a large " mining boom ", and significantly reduced government debt by the time he left office. He was known for his broad appeal to voters across
23616-610: The security forces accused of human rights violations continued to have their cases transferred to military courts." Lori Berenson , a US citizen serving a 20-year prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement . The Human Security Act of 2007, signed into law by President Gloria Macapagal Arroyo and effective since July 2007, officially aimed at tackling militants in
23780-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
23944-699: The southern Philippines, including the Abu Sayyaf group, which has links to al-Qaeda and has been blamed for bombings and kidnappings in the region. Under the law, three days of warrantless detention are authorized, although arresting officers are obliged to immediately inform a judge about the arrest. Furthermore, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members. The law allows eavesdropping on suspects as well as access to bank accounts for authorities. Convictions could result in 40-year prison sentences, but compensations are provided for in case of miscarriage of justice . Terrorism
24108-458: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
24272-614: The support of many traditionally Labor voters—dubbed " Howard battlers "—Howard and the Liberal-National Coalition swept to power on the back of a 29-seat swing. This was the second-worst defeat of an incumbent government since Federation. The Coalition picked up a five per cent swing, taking 13 seats away from Labor in New South Wales, and winning all but two seats in Queensland. The Liberals actually won
24436-549: The tax changes—including the GST—were implemented in the government's second term after amendments to the legislation were negotiated with the Australian Democrats to ensure its passage through the Senate. Through much of its first term, opinion polling was disappointing for the government. The popularity of Pauline Hanson, and the new restrictions on gun ownership drew many traditionally Coalition voters away from
24600-491: The university grades and the social connections to be on track for a partnership". He subsequently moved to a smaller firm, which became Truman, Nelson and Howard after he was made a partner. Howard married fellow Liberal Party member Janette Parker in 1971, with whom he had three children: Melanie (1974), Tim (1977) and Richard (1980). John and Janette are Christians . Howard joined the Liberal Party in 1957. He
24764-621: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
24928-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
25092-809: Was elected deputy leader of the Liberal Party in April 1982. His election depended largely on the support of the "drys", and he became the party's champion of the growing free-market lobby. The economic crises of the early 1980s brought Howard into conflict with the Keynesian Fraser. As the economy headed towards the worst recession since the 1930s, Fraser pushed an expansionary fiscal position much to Howard's and Treasury's horror. With his authority as treasurer being flouted, Howard considered resigning in July 1982, but, after discussions with his wife and senior advisor John Hewson , he decided to "tough it out". The 1982 wages explosion—wages rose 16 per cent across
25256-588: Was transported to New South Wales in 1816 for stealing a watch. Howard was born and raised in the Sydney suburb of Earlwood , in a Methodist family. His mother had been an office worker until her marriage, while his father and his paternal grandfather, Walter Howard, were both veterans of the First Australian Imperial Force in the First World War . They also ran two Dulwich Hill petrol stations where Howard worked as
25420-532: Was a member of the party's New South Wales state executive and was federal president of the Young Liberals (the party youth organisation) from 1962 to 1964. Howard supported Australia's involvement in the Vietnam War , although has since said there were "aspects of it that could have been handled and explained differently". At the 1963 federal election , Howard acted as campaign manager for Tom Hughes in his local seat of Parkes . Hughes went on to defeat
25584-563: Was challenging economic orthodoxies in place for most of the century. He came to favour tax reform including broad-based taxation (later the GST ), a freer industrial system including the dismantling of the centralised wage-fixing system, the abolition of compulsory trade unionism , privatisation and deregulation. In 1978, the Fraser government instigated the Campbell Committee to investigate financial system reforms. Howard supported
25748-499: Was defined by Section 3 as "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand", a formulation criticized by Wilson Fortaleza, national president and third nominee of the labor party-list group Sanlakas , who claimed the law could be used to crush political dissent. Following the October 2002 Bali bombings , Indonesia adopted Government Regulation in Lieu of Law 1/2002. Under
25912-399: Was despite saying, before winning the prime ministership, that it would "never ever" be part of Coalition policy. A long-held conviction of Howard's, his tax reform package was credited with "breaking the circuit" of party morale—boosting his confidence and direction, which had appeared to wane early in the Government's second term. The 1998 election was dubbed a "referendum on the GST", and
26076-412: Was elected as a member of parliament (MP) for the division of Bennelong . He was promoted to cabinet in 1977, and later in the year replaced Phillip Lynch as treasurer of Australia , remaining in that position until the defeat of Malcolm Fraser 's government at the 1983 election . In 1985, Howard was elected leader of the Liberal Party for the first time, thus replacing Andrew Peacock as Leader of
26240-417: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
26404-435: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
26568-407: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
26732-450: Was only assured of reelection on the ninth count. He ultimately finished with a fairly comfortable 56 per cent of the two-party preferred vote. In 1998, Howard convened a constitutional convention which decided in principle that Australia should become a republic . At the convention Howard confirmed himself as a monarchist, and said that of the republican options, he preferred the minimalist model. Howard outlined his support for retaining
26896-404: Was resolute in his refusal to provide a parliamentary "apology" to Indigenous Australians as recommended by the 1997 " Bringing Them Home " Report. Howard made a personal apology before the release of the report. In 1999, Howard negotiated a " Motion of Reconciliation " with Aboriginal Senator Aden Ridgeway . Eschewing use of the word "sorry", the motion recognised mistreatment of Aborigines as
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