A memorandum ( pl. : memorandums or memoranda ; from the Latin memorandum , "(that) which is to be remembered"), also known as a briefing note , is a written message that is typically used in a professional setting. Commonly abbreviated memo , these messages are usually brief and are designed to be easily and quickly understood. Memos can thus communicate important information efficiently in order to make dynamic and effective changes.
134-520: In law , a memorandum is a record of the terms of a transaction or contract, such as a policy memo, memorandum of understanding , memorandum of agreement , or memorandum of association . In business, a memo is typically used by firms for internal communication, while letters are typically for external communication. Other memorandum formats include briefing notes, reports, letters, and binders. They may be considered grey literature . Memorandum formatting may vary by office or institution. For example, if
268-644: 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
402-412: A governor-general ) formally appoints as the head of government whoever commands the confidence of the lower or sole house of the legislature and invites him or her to form a government. In the UK, this is known as kissing hands . Although the dissolution of the legislature and the call for new elections is formally performed by the head of state, the head of state, by convention, acts according to
536-417: 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
670-688: 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
804-420: A semi-parliamentary system . The Westminster system has a very distinct appearance when functioning, with many British customs incorporated into day-to-day government function. A Westminster-style parliament is usually a long, rectangular room, with two rows of seats and desks on either side. Many chambers connect the opposing rows, either with a perpendicular row of seats and desks at the furthermost point from
938-440: 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
1072-533: A consultative body. In other Westminster countries, however, the upper house can sometimes exercise considerable power, as is the case for the Australian Senate. Some Westminster-derived parliaments are unicameral for two reasons: Hong Kong , a former British crown colony and currently a special administrative region of the People's Republic of China , has a unicameral Legislative Council . While
1206-455: A document for transmitting policy analysis into the political decision making sphere. Typically, a briefing note may be denoted as either “for information” or “for decision”. The origins of the term “briefing” lie in legal “briefs” and the derivative “military briefings”. The plural form of the Latin noun memorandum so derived is properly memoranda , but if the word is deemed to have become
1340-515: A federal government at any time, loss of supply is sometimes, controversially, considered a suitable trigger for a dismissal (such as with the 1975 Australian constitutional crisis ). This is controversial because it conflicts with the Westminster tradition of government by a party with the confidence of the lower house (not an upper house like the Senate). Some political scientists have held that
1474-442: 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
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#17327725787851608-480: A means of advising, consulting and warning ministers in their actions. Such a practice takes place in the United Kingdom and India. In the UK, the sovereign holds confidential weekly meetings with the prime minister to discuss governmental policy and to offer his or her opinions and advice on issues of the day. In India, the prime minister is constitutionally bound to hold regular sessions with the president, in
1742-418: 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
1876-405: A memo if the writer wishes to. 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
2010-475: A political nose, and a logical brain, the most important skill of the good treasury [person] resides in [their] fine drafting hand. The concise, coherent and penetrating note is the final expression of all other talents.” In many governance settings based on the Westminster system , policy analysts are expected to analyze the issue and write the briefing note from a neutral civil service perspective. However,
2144-463: A power similar to that held in the UK until 1911 by the House of Lords , which has since then been impossible, in the Westminster system. A government that has lost supply is severely restricted in its abilities to act; unless a solution can be negotiated and supply can be restored, such an occurrence would normally trigger a federal election. Since the governor-general , technically speaking, can dismiss
2278-403: A problem through clear and concise communication are two. Memos support decision making and to “help (or sometimes influence) a decision-maker to make a better decision in a particular problem situation than he might otherwise have made without the analysis”. Other purposes that the briefing note can serve include: conveying information; informing decisions, making a request, providing a response to
2412-601: 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
2546-399: A question, making a suggestion, presenting an informal report, proposing a solution to a problem, or documenting a reference for future use. Memorandums can be used to make brief appeals or give suggestions. These actions in a brief paper can help significantly expedite business actions to make a positive impact in an organization. As the communication mechanism of the policy analysis process,
2680-417: A similar manner to the aforementioned British practice. In essence, the head of state, as the theoretical executive authority, "reigns but does not rule". This phrase means that the head of state's role in government is generally ceremonial and as a result does not directly institute executive powers. The reserve powers of the head of state are sufficient to ensure compliance with some of their wishes. However,
2814-425: A summary of arguments for and against the policy and a recommended decision. Policy documents that start with a proposal and assemble an argument for that position are more accurately referred to as a government white paper . A government green paper which raises a policy option and is meant to open a dialogue on the proposal is more similar in tone to a briefing note than is a white paper . A memo's concise format
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#17327725787852948-547: A word of the English language, the plural memorandums , abbreviated to memos , may be used. (See also Agenda , Corrigenda , Addenda ). “The word memorandum come from the Latin, from the verb remind in Latin (memorare). For the decade 1540 meant the note itself. This word was introduced in Spain in the year 1824. This type of document is usually use in the business world, or official documents. The items for do this document are
3082-462: 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
3216-428: Is a constitutional monarch ; he or she abides by the advice of his or her ministers, except when executing reserve powers in times of crisis. The sovereign's power to appoint and dismiss governments, appoint cabinet ministers to serve in the government, appoint diplomats , declare war , and to sign treaties (among other powers de jure held by the sovereign) is known as the royal prerogative , which in modern times
3350-499: 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;
3484-458: 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
3618-492: Is a type of parliamentary government that incorporates a series of procedures for operating a legislature , first developed in England . Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is separate from the head of government . The term derives from
3752-472: 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
3886-669: 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,
4020-513: 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
4154-508: Is exceptional because the government faces a fully elected upper house, the Senate , which must be willing to pass all its legislation. Although government is formed in the lower house, the House of Representatives, the support of the Senate is necessary in order to govern. The Australian Senate is unusual in that it maintains an ability to withhold supply from the government of the day –
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4288-544: Is exercised by the sovereign solely on the advice of the Prime Minister. This custom also occurs in other countries are regions around the world using the Westminster System, as a legacy of British colonial rule . In Commonwealth realms such as Canada, Australia and New Zealand, the day-to-day functions that would be exercised by the sovereign personally in the United Kingdom are instead exercised by
4422-524: Is imminent, a lot of time is taken up in the conversations of politicians and in the news media, speculating on who will, or will not, be moved in and out of the Cabinet by the Prime Minister, because the appointment of ministers to the Cabinet, and threat of dismissal from the Cabinet, is the single most powerful constitutional power which a Prime Minister has in the political control of the Government in
4556-436: 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
4690-467: 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
4824-410: Is nominally exercised in their name. The head of government , usually called the prime minister or premier , will ideally have the support of a majority in the responsible house, and must, in any case, be able to ensure the existence of no absolute majority against the government. If the parliament passes a motion of no confidence , or refuses to pass an important bill such as the budget , then
4958-632: Is obliged to resign, e.g., when a re-elected Legislative Council passes again a bill that he or she had refused to sign. The waters of the Thames and of the Potomac both flow into Lake Burley Griffin . Australian constitutional law is, in many respects, a unique hybrid with influences from the United States Constitution as well as from the traditions and conventions of the Westminster system and some indigenous features. Australia
5092-432: Is relatively standardized in order to create accessibility to any reader. They open with a heading including a "to," "from," "date," and "subject". A break in the text would then be followed by an opening paragraph, which would more than likely describe the purpose of the memo. Context is then added to the document, followed by a section of specific actions. Examples could include "You asked that I look at...." or "To determine
5226-543: 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
5360-441: 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
5494-1060: 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
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5628-438: 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)
5762-567: 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
5896-476: Is usually where ministers or members of the house come to speak. Other ceremonies sometimes associated with the Westminster system include an annual Speech from the Throne (or equivalent thereof) in which the head of state gives a special address (written by the government) to parliament about what kind of policies to expect in the coming year, and lengthy State Opening of Parliament ceremonies that often involve
6030-701: 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,
6164-459: 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
6298-637: The Australian system of government was consciously devised as a blend or hybrid of the Westminster and the United States systems of government , especially since the Australian Senate is a powerful upper house like the US Senate; this notion is expressed in the nickname "the Washminster mutation". The ability of upper houses to block supply also features in the parliaments of most Australian states . The Australian system has also been referred to as
6432-550: The British Empire , upon gaining self-government (with the exception of the United States and Cyprus ), beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890. It is the form of government bequeathed to New Zealand , and former British Hong Kong . Israel adopted a largely Westminster-inspired system of government upon declaring independence from
6566-476: The British Mandate of Palestine . However, some former colonies have since adopted either the presidential system ( Nigeria for example) or a hybrid system (like South Africa ) as their form of government. The Westminster system of government may include some of the following features: Most of the procedures of the Westminster system originated with the conventions , practices, and precedents of
6700-517: The British prime minister wished to dissolve Parliament in order for a general election to take place, the prime minister is constitutionally bound to request permission from the sovereign in order to attain such a wish. However, the sovereign in modern times has virtually always followed the advice of their prime minister without their own agency, this owes to the fact that the British sovereign
6834-504: 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
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#17327725787856968-611: 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
7102-486: 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
7236-577: 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
7370-1251: 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
7504-492: 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
7638-668: 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
7772-680: The Governor remained the head of government until the transfer of sovereignty in 1997, when the role was replaced by the Chief Executive . Secretaries had remained to be chosen by the Chief Executive not from the Legislative Council, and their appointments need not be approved by the Legislative Council. Although essentially more presidential than parliamentary, the Legislative Council had inherited many elements of
7906-475: 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
8040-503: The House of Commons (under various names), comprising local, elected representatives of the people (with the only exception being elected entirely by nationwide Proportional Representation). Most also have a smaller upper house, which is made up of members chosen by various methods: In the UK, the lower house is the de facto legislative body, while the upper house practices restraint in exercising its constitutional powers and serves as
8174-679: 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
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#17327725787858308-479: 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
8442-649: The Palace of Westminster , which has been the seat of the Westminster Parliament in England and later the United Kingdom since the 13th century. The Westminster system is often contrasted with the presidential system that originated in the United States , or with the semi-presidential system, based on the government of France . The Westminster system is used, or was once used, in the national and subnational legislatures of most former colonies of
8576-635: The Parliament of the United Kingdom , which form a part of what is known as the Constitution of the United Kingdom . Unlike the uncodified British constitution, most countries that use the Westminster system have codified the system, at least in part, in a written constitution . However, uncodified conventions, practices, and precedents continue to play a significant role in most countries, as many constitutions do not specify important elements of procedure. For example, some older constitutions using
8710-622: 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
8844-681: 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
8978-576: The governor-general . In such nations, the prime minister is obligated to formally seek permission from the governor-general when implementing executive decisions, in a manner similar to the British system. An analogous scenario also exists in republics in the Commonwealth of Nations , such as India or Trinidad and Tobago , where there is a president who functions similarly to a governor-general. An unusual case lies in Israel and Japan , where
9112-400: The head of government. The pattern of executive functions within a Westminster system is quite complex. In essence, the head of state , usually a monarch or president, is a ceremonial figurehead who is the theoretical, nominal or de jure source of executive power within the system. In practice, such a figure does not actively exercise executive powers, even though executive authority
9246-436: The prime minister and the Council of Ministers . In Israel , however, executive power is vested de jure and de facto in the cabinet and the president is de jure and de facto a ceremonial figurehead. As an example, the prime minister and cabinet (as the de facto executive body in the system) generally must seek the permission of the head of state when carrying out executive functions. If, for instance
9380-597: 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
9514-424: 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
9648-474: 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
9782-431: 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
9916-402: The Cabinet are collectively seen as responsible for government policy, a policy termed cabinet collective responsibility . All Cabinet decisions are made by consensus, a vote is rarely taken in a Cabinet meeting. All ministers, whether senior and in the Cabinet, or junior ministers, must support the policy of the government publicly regardless of any private reservations. When a Cabinet reshuffle
10050-438: 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,
10184-554: The Legislative Councils in British Australasian and North American colonies were unelected upper houses and some of them had since abolished themselves, the Legislative Council of Hong Kong has remained the sole chamber and had in 1995 evolved into a fully elected house, yet only part of the seats are returned by universal suffrage. Responsible government was never granted during British colonial rule, and
10318-510: 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
10452-1348: 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
10586-489: The Speaker's Chair at the opposite end of the chamber (e.g. UK House of Lords or Israel Knesset) or the rows of chairs and desks are rounded at the end, opposite to the Speaker's Chair (e.g. Australian chambers, Ireland, South Africa, India). The chairs in which both the government and opposition sit, are positioned so that the two rows are facing each other. This arrangement is said to have derived from an early Parliament which
10720-430: 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
10854-430: The Westminster system do not mention the existence of the cabinet or the prime minister, because these offices were taken for granted by the authors of these constitutions. Sometimes these conventions, reserve powers , and other influences collide in times of crisis and in such times the weaknesses of the unwritten aspects of the Westminster system, as well as the strengths of the Westminster system's flexibility, are put to
10988-439: The Westminster system, including parliamentary powers, privileges and immunity, and the right to conduct inquiries, amongst others. Minutes are known as Hansards, and the theme colour of the meeting chamber is red as in other upper houses. Government secretaries and other officials are seated on the right hand side of the President in the chamber. The Chief Executive may dissolve the Legislative Council under certain conditions, and
11122-416: The Westminster system. The Official Opposition and other major political parties not in the Government, will mirror the governmental organisation with their own Shadow Cabinet made up of Shadow Ministers . In a Westminster system, some members of parliament are elected by popular vote, while others are appointed. Nearly all Westminster-based parliaments have a lower house with powers based on those of
11256-576: 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
11390-408: The best method of promoting the new fall line, I will....". Actions are followed by discussion, which is typically the longest part of a memo, before concluding the message. There is no universal standard for a briefing note, but it is generally understood to be a concise, coherent summary of a public policy problem with a clearly articulated logic for following a recommended course of action. ”Next to
11524-485: The briefing note should provide a coherent synopsis of a policy problem, identify different policy options for addressing the problem, articulate opposing perspectives and advocate a recommended option. The typical structure for a briefing note includes a description of the proposed policy; relevant background information; a discussion of key considerations (including implementation concerns, financial considerations, stakeholder impacts, and possible unanticipated consequences),
11658-460: The briefing note “for decision” must contain a recommendation, acknowledging that “to say anything of importance in public policy requires value judgments, which must be explained and justified”. In addition to keeping a proper memo concise and easily comprehensible, there are a few other important features. The style and tone of a memo should always be kept professional, no matter who the audience may be. This etiquette ensures that no matter who reads
11792-586: 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
11926-406: 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,
12060-404: The executive as the head of government is ultimately the person from whom the head of state will take advice (by constitutional convention) on the exercise of executive power , including the appointment and dismissal of cabinet members. This results in the situation where individual cabinet members in effect serve at the pleasure of the prime minister. Thus the cabinet is strongly subordinate to
12194-494: 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. Westminster system The Westminster system , or Westminster model ,
12328-414: 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
12462-410: The extent of such powers varies from one country to another and is often a matter of controversy. Such an executive arrangement first emerged in the United Kingdom. Historically, the British sovereign held and directly exercised all executive authority. George I of Great Britain (reigned 1714 to 1727) was the first British monarch to delegate some executive powers to a prime minister and a cabinet of
12596-462: The floor in front of the government and opposition benches that members may cross only when exiting the chamber. At one end of the room sits a large chair, for the Speaker of the House . The speaker usually wears black robes, and in some countries, a wig . Robed parliamentary clerks often sit at narrow tables between the two rows of seats, as well. These narrow tables in the centre of the chamber,
12730-479: The following: One of five countries other than the UK to use a Westminster system with a native monarch , along with Japan, Lesotho, Malaysia, and Thailand. One of five countries other than the UK to use a Westminster system with a native monarch , along with Denmark, Lesotho, Malaysia, and Thailand. One of five countries other than the UK to use a Westminster system with a native monarch , along with Denmark, Japan, Malaysia, and Thailand. The Westminster system
12864-417: The formal powers of monarchs, governors-general, and presidents vary greatly from one country to another. However, as sovereigns and governors-general are not elected, and some presidents may not be directly elected by the people, they are often shielded from any public disapproval stemming from unilateral or controversial use of their powers. In many Commonwealth realms a governor-general formally represents
12998-902: 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
13132-405: The government must either resign so that a different government can be appointed or seek a parliamentary dissolution so that new general elections may be held in order to re-confirm or deny the government's mandate. Executive authority within a Westminster system is de jure exercised by the cabinet as a whole, along with more junior ministers , however, in effect, the head of government dominates
13266-530: 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
13400-428: 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
13534-451: The intended recipient is a cabinet minister or a senior executive, the format might be rigidly defined and limited to one or two pages. If the recipient is a colleague, the formatting requirements are usually more flexible. A specific type of memorandum is the policy briefing note (alternatively referred to in various jurisdictions and governing traditions as policy issues paper, policy memoranda, or cabinet submission amongst other terms),
13668-564: 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,
13802-513: 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
13936-734: 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
14070-597: 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
14204-426: 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
14338-421: The message, it is presented professionally and respectfully. It is common to also see briefing notes with numbered paragraphs, in order to create an efficient and well-organized paper. Since entering the digital age, signatures are not commonly seen at the end of a memo. However, when a briefing note was handwritten in earlier years, they typically included a signature. Today it is still acceptable to sign or initial
14472-472: 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
14606-520: 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
14740-564: The ministers, largely because he was also the monarch of Hanover in Germany and did not speak English fluently. Over time, further arrangements continued to allow the execution of executive authority on the sovereign's behalf and more and more de facto power ended up lying in the Prime Minister's hands. Such a concept was reinforced in The English Constitution (1876) by Walter Bagehot , who distinguished between
14874-530: The monarch, who is usually absent from the realm. In such countries, the identity of the "head of state" may be unclear. In the book The English Constitution , Walter Bagehot emphasised the divide of the constitution into two components, the Dignified (that part which is symbolic) and the Efficient (the way things actually work and get done), and called the Efficient " Cabinet Government ". Members of
15008-676: 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
15142-512: 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
15276-405: The next: This document must be brief, the information that you want to transmit must be clear and concise, it’s don´t need request. Finally, when writing a memo, it is necessary to identify the sender and the receiver, to identify the subject matter. Add the place where it was written and the date.” There are many important purposes of a memorandum. Bringing notice to problems, and helping to solve
15410-538: 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
15544-570: 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
15678-490: 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
15812-408: The presentation of a large ceremonial mace . Some legislatures retain Westminster's colour-coded chambers, with the upper houses associated with the colour red (after the House of Lords) and the lower with green (after the House of Commons). This is the case in India, Australia, Canada, New Zealand, and Barbados. Countries that use variations on the theme of the Westminster system, as of 2023, include
15946-475: The prime minister as they can be replaced at any time, or can be moved ("demoted") to a different portfolio in a cabinet reshuffle for "underperforming". In the United Kingdom, the sovereign theoretically holds executive authority, even though the prime minister and the cabinet effectively implement executive powers. In a parliamentary republic like India, the president is the de jure executive, even though executive powers are essentially instituted by
16080-416: 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
16214-469: 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
16348-542: The respective prime ministers have the full legal power to implement executive decisions, and presidential (in Israel) or imperial (in Japan) approval is not required; the prime ministers of these nations are fully the de jure source of executive authority, and not the head of state. The head of state will often hold meetings with the head of government and cabinet, as a means of keeping abreast of governmental policy and as
16482-705: The separate "dignified" and "efficient" functions of government. The sovereign should be a focal point for the nation ("dignified"), while the PM and cabinet actually undertook executive decisions ("efficient"). The electoral system is often set out in a Representation of the People Act . Common ministerial titles include parliamentary secretary and under-secretary . Ministers are supported by private secretaries and government departments are run by permanent secretaries , principal secretaries or chief secretaries . The head of state or their representative (such as
16616-402: 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
16750-458: 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
16884-497: The test. As an illustrative example, in the Australian constitutional crisis of 1975 , the Governor-General of Australia, Sir John Kerr , dismissed Prime Minister Gough Whitlam and replaced him with opposition leader Malcolm Fraser . Usually the leader of the largest party in the lower house (legislature if unicameral). Formed by the largest party/coalition in the lower house (legislature if unicameral), and led by
17018-621: 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,
17152-517: The wishes of the head of government. A president, monarch, or governor-general might possess clearly significant reserve powers . Examples of the use of such powers include the Australian constitutional crisis of 1975 and the Canadian King–Byng affair in 1926. The Lascelles Principles were an attempt to create a convention to cover similar situations, but have not been tested in practice. Because of differences in their written constitutions,
17286-418: 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
17420-414: Was adopted by a number of countries which subsequently evolved or reformed their system of government departing from the original model. In some cases, certain aspects of the Westminster system were retained or codified in their constitutions. For instance South Africa and Botswana , unlike Commonwealth realms or parliamentary republics such as India, have a combined head of state and head of government but
17554-417: 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
17688-496: 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
17822-467: 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
17956-456: Was held in a church choir . Traditionally, the opposition parties will sit in one row of seats, and the government party will sit in the other. In some countries, the mace will face the government’s side whilst lying on the table of the House. In most majority governments , the number of government-party MPs is so large that it must use the "opposition" seats as well. In the lower house at Westminster (the UK's House of Commons) there are lines on
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