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98-405: The United Provinces ( UP ) was a province of British India and, subsequently, independent India . It came into existence on 1 April 1937 as a result of the shortening of the name of the " United Provinces of British India ". It corresponded approximately to the combined regions of the present-day Indian states of Uttar Pradesh and Uttarakhand . The Government of India Act 1935 enlarged

196-632: A constitution . Those that are not specifically identified are called "residual powers". In a decentralized federal system (such as the United States and Australia ) these residual powers lie at the provincial or state level, whereas in a centralized federal system (such as Canada ) they are retained at the federal level. Some of the enumerated powers can be quite important. For example, Canadian provinces are sovereign in regard to such important matters as property , civil rights , education , social welfare and medical services . The growth of

294-600: A county in the United Kingdom . In China, a province is a sub-national region within a unitary state; this means that a province can be created or abolished by the national people's congress. In some nations, a province (or its equivalent) is a first-level administrative unit of sub-national government—as in the Netherlands —and a large constituent autonomous area, as in Argentina , Canada , South Africa , and

392-471: A federal state and not a confederation , in practice it is among the world's more decentralized federations. Canadian Confederation and the Constitution Act, 1867 conferred considerable power on the provincial governments which they often use to pursue their own goals independently of the federal government. In Canada, local governments have been called "creatures of the province" because

490-647: A region (which is the first-order administrative sub-division of the nation). Italian provinces are mainly named after their principal town and comprise several administrative sub-divisions called comuni (communes). In Chile, they are referred to as comunas . Chile has 15 regions , subdivided into 53 provinces, of which each is run by a governor appointed by the president. Italy has 20 regions , subdivided into 14 metropolitan cities and 96 provinces . Peru has 25 regions , subdivided into 194 provinces. Spain has 17 autonomous communities and 2 autonomous cities, subdivided into 50 provinces . The island of Ireland

588-454: A "province" would be a territory or function that a Roman magistrate held control of on behalf of his government. In fact, the word province is an ancient term from public law, which means: "office belonging to a magistrate". This agrees with the Latin term's earlier usage as a generic term for a jurisdiction under Roman law . In France , the expression en province still means "outside

686-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,

784-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all

882-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were

980-413: A growing interest in paradiplomacy , be it performed under a legal framework or as a trend informally admitted as legitimate by the central authorities. In unitary states such as France and China , provinces are subordinate to the national, central government. In theory, the central government can create or abolish provinces within its jurisdiction. On the other hand, although Canada is now considered

1078-592: A half times as large as France —640,679 km (247,368 sq mi). Six provinces, including five of the oldest Canadian provinces— Alberta , Ontario , Quebec , New Brunswick , Nova Scotia and Prince Edward Island —have "counties" as administrative sub-divisions. The actual local government form can vary widely. In New Brunswick, Prince Edward Island, and in 9 of the 18 counties of Nova Scotia, county government has been abolished and has been superseded by another form of local government. New Brunswick and Prince Edward Island also have parishes within counties. Since

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1176-694: A publication now in the public domain :  Chisholm, Hugh , ed. (1911). " United Provinces of Agra and Oudh ". Encyclopædia Britannica (11th ed.). Cambridge University Press. 26°50′49″N 80°56′49″E  /  26.847°N 80.947°E  / 26.847; 80.947 Province While some provinces were produced artificially by colonial powers , others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or federal authority, especially in Canada and Pakistan . In other countries, like China or France , provinces are

1274-467: A referendum), while the province of Alberta still does not impose a provincial sales tax. The evolution of federations has created an inevitable tug-of-war between concepts of federal supremacy versus states' and provinces' rights. The historic division of responsibility in federal constitutions is inevitably subject to multiple overlaps. For example, when central governments, responsible for foreign policy , enter into international agreements in areas where

1372-500: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,

1470-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from

1568-419: Is administratively divided into four provinces, which are: It also has two autonomous territories: The term "province" is sometimes used to refer to the historic governorates ( guberniyas ) of Russia . This terms also refers to the provinces ( провинции ), which were introduced as the subdivisions of the governorates in 1719 and existed until 1775. In modern parlance, the term is commonly used to refer to

1666-492: Is also divided into counties, albeit they are officially classified as "municipal districts" by the province, though in regular everyday parlance these entities are referred to as a "county". The province of Alberta has some unique local governance schemes formed in response to local conditions. For instance, Sherwood Park is an unincorporated "urban service area" of 72,017 within Strathcona County , which has most of

1764-577: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced

1862-550: Is divided into four historic provinces (see Provinces of Ireland ), each of which is sub-divided into counties . These provinces are Connacht (in the west), Leinster (in the east), Munster (in the south) and, Ulster (in the north). Nowadays these provinces have little or no administrative function, though they do have sporting significance. From the 19th century, the Portuguese colonies were considered overseas provinces of Portugal . Similarly, some overseas parts of

1960-430: Is not a pair of twin cities on opposite sides of a border, but is actually incorporated by both provinces as a single city with a single municipal administration. The residents objected to the federal government splitting the city in two when it created the two provinces, so the two provinces reunified it by declaring it to be a single city in two provinces, thereby bypassing the limitations of federal boundaries. Pakistan

2058-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before

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2156-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)

2254-516: The Grands Gouvernements , generally former medieval feudal principalities, or agglomerations of such. Today the expression en province is regularly replaced in the media by the more politically correct en région , région now being the term officially used for the secondary level of government. In Italy , in provincia generally means "outside the biggest regional capitals" (like Rome , Milan , Naples , etc.). For

2352-594: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and

2450-582: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture

2548-708: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over

2646-716: The British Empire bore the colonial title of "province" (in a more Roman sense), such as the Province of Canada and the Province of South Australia (the latter, to distinguish it from the penal "colonies" elsewhere in Australia ). Likewise, prior to the American Revolution , most of the original Thirteen Colonies in British America were provinces as well, such as the Province of Georgia and

2744-640: The Canadian Constitution assigns local government to provincial jurisdiction, the various provinces can create, dissolve, and reorganize local governments freely and they have been described as "creatures of the province". The Western provinces have more varied types of administrative sub-divisions than the Eastern provinces . The province of British Columbia has "regional districts" which function as county-equivalents. Manitoba and Saskatchewan are divided into rural municipalities. Alberta

2842-601: The Democratic Republic of the Congo . It can also be a constituent element of a federation , confederation , or republic . For example, in the United States , no state may secede from the federal Union without the permission of the federal government . In other nations—such as Belgium , Chile , Italy , Peru , the Philippines , and Spain —a province is a second-level administrative sub-division of

2940-623: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until

3038-611: The Mauryas , the Gupta Empire gave local areas a great deal of independence and divided the empire into 26 large provinces, styled as Bhukti, Pradesha and Bhoga. In many federations and confederations , the province or state is not clearly subordinate to the national or central government. Rather, it is considered to be sovereign in regard to its particular set of constitutional functions. The central- and provincial-government functions, or areas of jurisdiction, are identified in

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3136-571: The Paris region". Equivalent expressions are used in Peru ( en provincias , "outside the city of Lima "), Mexico ( la provincia , "lands outside Mexico City "), Romania ( în provincie , "outside the Bucharest region"), Poland ( prowincjonalny , "provincial"), Bulgaria ( в провинцията , v provincijata , "in the provinces" and провинциален , provincialen , "provincial") and

3234-529: The Philippines ( taga-probinsiya , "from outside Metro Manila ", sa probinsiya , "in the provinces", or "in the countryside"). Before the French Revolution , France comprised a variety of jurisdictions (built around the early Capetian royal demesne ), some being considered "provinces", though the term was also used colloquially for territories as small as a manor ( châtellenie ). Most commonly referred to as "provinces", however, were

3332-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law

3430-669: The Province of Canada . From its separation from Nova Scotia in the 18th century, New Brunswick was known as His/Her Majesty's Province of New Brunswick. After Canadian confederation in 1867, the term provinces continued to be used, in reference to the sub-national governments of Canada . Because Canada is the second-largest country in the world by area , but has only 10 provinces, most Canadian provinces are very large— six of its ten provinces are larger than any country in Europe except Russia , and its largest province Quebec —1,542,056 km (595,391 sq mi)—is almost two and

3528-407: The Province of New Hampshire . The constituent entities of Canada are known as provinces . Prior to confederation, the term province was used in reference to several British colonies situated in Canada; such as the colonial Province of Quebec . In 1791, Quebec split into two separate colonies, the provinces of Lower Canada , and Upper Canada . The two colonies were later merged in 1841 to form

3626-656: The Thirteen Colonies that eventually formed the United States were called provinces. All declared themselves "states" when they became independent. The Connecticut Colony , the Delaware Colony , Rhode Island and the Colony of Virginia never used the title "province". The British colonies further north, which remained loyal to Britain and later confederated to form the original Canada , retained

3724-524: The United Kingdom use of the word is often pejorative, assuming a stereotype of the denizens of the provinces to be less culturally aware than those in the capital. The historic European provinces—built up of many small regions, called pays by the French and " cantons " by the Swiss, each with a local cultural identity and focused upon a market town —have been depicted by Fernand Braudel as

3822-552: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,

3920-467: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of

4018-470: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio

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4116-567: The oblasts and krais of Russia. Roman law Roman law is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c.  449 BC ), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms the basic framework for civil law , the most widely used legal system today, and

4214-471: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas

4312-464: The 16 Regions into which New Zealand is divided, and also the 21 District Health Boards. Sometimes the term the provinces is used to refer collectively to rural and regional parts of New Zealand, that is, those parts of the country lying outside some or all of the "main centres"— Auckland , Wellington , Christchurch , Hamilton and Dunedin . In many countries, a province is a relatively small non-constituent level of sub-national government, such as

4410-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of

4508-464: The Canadian government introduced a Goods and Services Tax (GST) to share the revenues, which proved unpopular both with provincial governments and taxpayers. The Canadian government has tried to harmonize the two levels of sales taxes, but three provinces continue to impose a separate sales tax (British Columbia after harmonizing it, and shortly thereafter de-harmonizing it after it was struck down by

4606-410: The Canadian government introduced an income tax during World War I , and since it is a direct tax it also became a major revenue generator for provinces. In most provinces, the federal government now collects income tax for both levels of government and transfers to the provincial governments whatever surcharge they ask for. The sales tax also become a major revenue generator for provinces, so in 1991

4704-600: The Constitution provided for stronger provincial powers. This provided an opportunity for forum shopping for provinces who opposed federal laws. Until appeals from Canada to the Privy Council were abolished in 1949, in legal disputes the provincial governments tended to win powers at the expense of the federal government. In addition, while the Canadian federal government has unlimited taxing power while province governments are restricted to imposing direct taxes ,

4802-506: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with

4900-596: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with

4998-860: The Governor Sir Harry Graham Haig invited Govind Ballabh Pant to form the government. In 1939, all of the Congress ministries in British Indian provinces resigned and the United Provinces were placed under the Governor's rule. In 1945, the British Labour government ordered new elections to the Provincial legislatures. The Congress won a majority in the 1946 elections in the United Provinces and Pant

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5096-831: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in

5194-569: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which

5292-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It

5390-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court

5488-556: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide

5586-478: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of

5684-649: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after

5782-579: The approval of local voters. Not all first-level political entities are termed "provinces." In Arab countries, the first administrative level of government—called a muhafazah —is usually translated as a " governorate ." In Poland , the equivalent of "province" is " województwo ," sometimes rendered in English as " voivodeship ." Historically, New Zealand was divided into provinces , each with its own Superintendent and Provincial Council, and with considerable responsibilities conferred on them. However,

5880-578: The authority of a local government derives solely from the provincial government. Provinces can create, merge, and dissolve local governments without the consent of the federal government or the people in the affected locality. Alberta in particular dissolved and merged hundreds of local governments during the 1940s and 1950s as a consequence of the Great Depression . Other provinces have arbitrarily merged and annexed independent suburbs to major Canadian cities such as Toronto or Montreal without

5978-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered

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6076-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be

6174-429: The colony (as it then was) never developed into a federation; instead, the provinces were abolished in 1876. The old provincial boundaries continue to be used to determine the application of certain public holidays . Over the years, when the central Government has created special-purpose agencies at a sub-national level, these have often tended to follow or approximate the old provincial boundaries. Current examples include

6272-844: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by

6370-522: The creation of central government, with very little autonomy. The English word province is attested since about 1330 and derives from the 13th-century Old French province , which itself comes from the Latin word provincia , which referred to the sphere of authority of a magistrate , in particular, to a foreign territory. A popular etymology is from Latin pro- ("on behalf of") and vincere ("to triumph" or "to take control of"). Thus

6468-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised

6566-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been

6664-613: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study

6762-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,

6860-741: The elected provincial legislature and expanded provincial autonomy vis-a-vis the central government. In the elections held in 1937, the Indian National Congress won the majority seats, but declined to form a government. Therefore, on 1 April 1937, and the Nawab of Chhatari , the leader of the National Agriculturist Parties, was invited to form a minority provisional government. The Congress reversed its decision and resolved to accept office in July 1937. Therefore,

6958-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in

7056-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with

7154-719: The heads of the Supreme Court of Canada to the Judicial Committee of the Privy Council in London . As well, provinces could bypass the Supreme Court and go directly to London from any Provincial Court . The Canadian Supreme Court tended to support the view that the Canadian Constitution was intended to create a powerful central government, but the Privy Council in London held the distinctly opposite view that

7252-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated

7350-730: The legal system applied in most of Western Europe until the end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe

7448-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130

7546-663: The modern welfare state has resulted in these functions, assigned to the provinces , becoming more important compared to those assigned to the federal government and thus provincial governments have become more important than the Fathers of Confederation originally intended. Canada's status as a federation of provinces under the Dominion of the British Empire rather than an independent country also had certain legal implications. Provinces could appeal court rulings over

7644-560: The oil refining capacity in Western Canada; Fort McMurray was once a city but dissolved itself and became an "urban service area" of 70,964 people within the Regional Municipality (R.M.) of Wood Buffalo , which has several multibillion-dollar oil sands plants; and Lloydminster , a city of 31,483 which sits directly astride the provincial border between Alberta and Saskatchewan. Unlike most such cases, Lloydminster

7742-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often

7840-553: The optimum-size political unit in pre-industrial Early Modern Europe . He asks, "Was the province not its inhabitants' true ' fatherland '?" Even centrally-organized France, an early nation-state , could collapse into autonomous provincial worlds under pressure, as during the sustained crisis of the French Wars of Religion (1562–98). The British colonies in North America were often named provinces. Most (but not all) of

7938-589: The overall European Union umbrella. Spain after Francisco Franco has been a "State of Autonomies", formally unitary but in fact functioning as a federation of Autonomous Communities , each exercising different powers. (See Politics of Spain .) While Serbia , the rump of former Yugoslavia , fought the separatists in the province of Kosovo , the United Kingdom , under the political principle of " devolution ", produced (1998) local parliaments in Scotland , Wales and Northern Ireland . In ancient India , unlike

8036-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that

8134-524: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in

8232-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;

8330-512: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution

8428-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law

8526-608: The state or province is sovereign, such as the environment or health standards, agreements made at the national level can create jurisdictional overlap and conflicting laws. This overlap creates the potential for internal disputes that lead to constitutional amendments and judicial decisions that alter the balance of powers. Though foreign affairs do not usually fall under a province's or a federal state's competency, some states allow them to legally conduct international relations on their own in matters of their constitutional prerogative and essential interest. Sub-national authorities have

8624-616: The terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After the dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From the 7th century onward, the legal language in the East was Greek. Roman law also denoted

8722-699: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in

8820-489: The title of "province" and are still known as such to the present day. To 19th- and 20th-century historians, in Europe, centralized government was a sign of modernity and political maturity. In the late 20th century, as the European Union drew nation-states closer together, centripetal forces seemed simultaneously to move countries toward more flexible systems of more localized, provincial governing entities under

8918-457: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which

9016-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III

9114-501: Was again the Premier, continuing even after India's independence in 1947. Following independence in 1947, the princely states of Rampur , Banares and Tehri-Garwal were merged into the United Provinces. On 25 January 1950, this unit was renamed as Uttar Pradesh . In 2000, the separate state of Uttaranchal, now known as Uttarakhand , was carved out of Uttar Pradesh. [REDACTED]   This article incorporates text from

9212-507: Was also influenced by the jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised

9310-598: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by

9408-464: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following

9506-510: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius

9604-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of

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