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APAIPA National Report France
APAIPA ACTORS OF PROTECTION AND THE APPLICATION OF THE INTERNAL PROTECTION ALTERNATIVE NATIONAL REPORT FRANCE European Refugee Fund of the European Commission 2014 I. ACKNOWLEDGMENTS. ............................................................................................................................ 2 II. GLOSSARY OF ACRONYMS. ..................................................................................................................... 2 III. BACKGROUND: THE NATIONAL ASYLUM SYSTEM. .................................................................................. 2 A. APPLICABLE LAW. .......................................................................................................................................... 2 B. INSTITUTIONAL SETUP. .................................................................................................................................... 3 C. THE PROCEDURE. ........................................................................................................................................... 4 D. REPRESENTATION AND LEGAL AID. ..................................................................................................................... 5 IV. METHODOLOGY: SAMPLE AND INTERVIEWS. .......................................................................................... 6 A. METHODOLOGY USED. .................................................................................................................................... 6 B. DESCRIPTION OF THE SAMPLE. ......................................................................................................................... -
Federal Constitution of Malaysia
LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. -
How Bad Were the Official Records of the Federal Convention?
How Bad Were the Official Records of the Federal Convention? Mary Sarah Bilder* ABSTRACT The official records of the ConstitutionalConvention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand'scriticisms of both the records and the man responsible for keeping them-Secretary of the Convention William Jackson. This Article disagrees with Farrand'sconclusion that the Convention records were bad, and aims to resurrect the records and Jackson's reputation. The Article suggests that the endurance of Farrand'scritique arises in part from misinterpretationsof cer- tain proceduralcomponents of the Convention and failure to appreciate the significance of others, understandable consideringthe inaccessibility of the of- ficial records. The Article also describes the story of the records after the Con- vention but before they were published, including the physical limbo of the records in the aftermath of the Convention and the eventual deposit of the records in March 1796 amidst the rapid development of disagreements over constitutional interpretation. Finally, the Article offers a few cautionary re- flections about the lessons to be drawn from the official records. Particularly, it recommends using caution with Max Farrand's records, paying increased attention to the procedural context of the Convention, and recognizing that Constitutionalinterpretation postdated the Constitution. TABLE OF CONTENTS INTRODUCTION ................................................... 1621 A NOTE ON THE RECORDS ..................................... -
Malaysia's Constitution of 1957 with Amendments Through 2007
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship . -
Nation-Provinces Fiscal Relationship in Argentina in General, Around the World the Distribution of Power and Function Among
Nation-Provinces Fiscal Relationship in Argentina In general, around the world the distribution of power and function among the levels of government is established by the Constitution. In Argentina, article 75 section 2 of the Constitution defines the tax powers of the federal Government and the provinces and establishes that indirect taxes are concurrent among both levels, except for import and export duties which are collected by the federal government (Article 4). Direct taxes are collected by the provinces; however, the federal government is entitled to use the revenues from these taxes for a limited period of time provided that the State’s defense, Security and well being so require. From mid-nineteenth century to 1890, tax revenue sources were clearly defined; the federal government was basically entitled to the revenues from foreign trade, while the provinces collected taxes on the production and consumption of specific goods. Subsequently, between 1890 and 1935, as several federal consumption taxes were created, which overlapped with the provincial ones, a competition for tax revenues ensued. As a result, since each province’s main source of revenue is their own self-generated revenues from tax collections, the provinces cut their spending according to their budget constraints. This meant, given the large economic differences, a significant inequality in the availability of provincial public goods. Article 67, section 8 of the Constitution of 1853 set forth the only transfer mechanism, whereby the Congress agrees on the subsidies to provinces which cannot meet their regular expenses. Currently, these transfers are referred to as Federal Treasury Funds (ATN). This instrument was established to consolidate the provinces’ federal autonomy system and certain fiscal equality, however, the quantitative impact was not very significant. -
Supreme Court of the United States
FILED MAY 2 Z 2019 IN THE SUPREME COURT OF THE UNITED STATES In re Phillip Daniel Love Petitioner, V. UNITED STATES Respondent. ON PETITION FOR WRIT OF HABEAS CORPUS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CONSTITUTIONAL PETITION FOR WRIT OF HABEAS CORPUS Phillip Daniel Love Sui Juris do 78847408 FCC Florence, Arizona 85132 May 22, 2019 QUESTIONS PRESENTED FOR REVIEW Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause within the 50 compact states of the Union? Is there a difference between the statutory interstate commerce definition and the constitutional Interstate Commerce Clause? Does the definition of "interstate commerce" found at 18 U.S.C. §10 include places outside the exclusive legislative jurisdiction of the "United States"? Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause by and through the Necessary and Proper Clause? Does the definition of "State" in the Federal Rules of Criminal Procedure also include the sovereign 50 compact states of the Union, also called "foreign states" throughout the federal code? Is the word "includes" found in the Federal Rules of Criminal Procedure, Rule 1(b)(9) & Title 18 U.S.C. §10 a term of enlargement? Does the federal government need to provide me with the nature, cause and essential elements constituting the offense charged? Is the United States District Court for the District of Arizona a Article III "district court of the United States" ordained & established under the Constitution. Is Homeland Security Investigations a police power? Is Homeland Security Investigations authorized to execute a warrant and make arrests within the exterior boundaries of the of the Union state Arizona not on land ceded to the "United States"? Is the definition of "act of Congress" in Title 18 U.S.C. -
Statement of Roger Pilon, Ph.D., J.D. B. Kenneth Simon Chair in Constitutional Studies Center for Constitutional Studies Cato In
Statement of Roger Pilon, Ph.D., J.D. B. Kenneth Simon Chair in Constitutional Studies Center for Constitutional Studies Cato Institute before the Committee on Oversight and Reform United States House of Representatives September 19, 2019 RE: H.R. 51: Making DC the 51st State Mr. Chairman and members of the committee: My name is Roger Pilon. I’m vice president for legal affairs emeritus at the Cato Institute where I hold Cato’s B. Kenneth Simon Chair Constitutional Studies. I want to thank you Mr. Chairman for inviting me to testify today; and I want to thank ranking member Jordan in particular for inviting me to offer a discordant note on H.R. 51, proposing an Act providing for the admission into the Union of a new, 51st state called “Washington, D.C.” or “Washington, Douglass Commonwealth.” This new state would be created from the present District of Columbia, leaving in place as the “District of Columbia” a tiny federal enclave constituted by the National Mall and the land and certain buildings immediately adjacent to the Mall. Let me begin on two practical notes. First, given the history of proposals on this subject, this bill has little chance of reaching the president’s desk. Accordingly, in deference to the committee’s time and mine, I’ll keep my comments short and to the point. Second, given that history and the much longer history during which the District of Columbia has existed in its present form for well over 200 years, save for the small Virginia portion retroceded in 1847, there must at this point in time be a strong presumption against the kind of radical changes envisioned by this bill. -
Constitutionally Compromised Democracy: the United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin
Hastings Constitutional Law Quarterly Volume 45 Article 3 Number 4 Summer 2018 1-1-2018 Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Bradley Raboin, Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions, 45 Hastings Const. L.Q. 685 (2018). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol45/iss4/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions by BRADLEY RABOIN* Introduction On September 17, 1787, the United States Constitution was submitted for approval to the Congress of the Confederation and, subsequently, for ratification by the American States.1 This constitution was a political phenomenon: For the first time in history, an entire nation would be given the power-through popular ratification-to decide what form of government would rule over them. 2 At its core, the -
Ken Andrews Selected Producer, Engineer & Mixer Credits
KEN ANDREWS SELECTED PRODUCER, ENGINEER & MIXER CREDITS: The Shelters Jupiter Sidecar (Warner Bros.) M Failure In The Future Your Body Will Be The Furthest Thing Co-P E M Co-W Underoath Erase Me (Fearless) M Stone Temple Pilots Stone Temple Pilots (Play Pen) M Citizen As You Please (Run For Cover Records) M Gone Is Gone Echolocation (Rise) M My Jerusalem A Little Death (Razor and Tie) M Jimmy Eat World Integrity Blues (RCA) M The Naked and Famous Simple Forms (Universal Music) M Meg Myers Sorry (Atlantic) M W Failure The Heart Is A Monster (Failure) P E M The Pierces Creation (Polydor) M M83 "Oblivion" from Oblivion [Motion Picture Soundtrack] (Back Lot Music)M A Day To Remember Common Courtesy (Fontana) M Mu Paramore Paramore (Fueled By Ramen) M M83 You and the Night (Naïve) P E M Candlebox Love Stories & Other Musings (Audio Nest) P E M W Mu Arsenal / Arsenal Lokemo (Play Out!) Unwritten Law Swan (Surburban Noise) M Settle At Home We Are Tourists (Epitaph) M FM Static Dear Diary (Tooth and Nail) M Anya Marina Slow & Steady Seduction: Phase II (Chop Shop) M Beto Cuevas Miedo Escenico (Warner Music Mexico) M Crosby Loggins Time to Move (RCA) M 1 P- Producer E- Engineer M- Mixer W- Writer Mu- Musician KEN ANDREWS SELECTED PRODUCER, ENGINEER & MIXER CREDITS: Empyr Peaceful Riot (Jive) P E M W Mu Nine Inch Nails The Slip Live (The Null Corporation) M Thousand Foot Krutch The Flame In All Of Us (Tooth and Nail) P E M Army of Anyone Army of Anyone (Machine Shop) M Future of Forestry Future of Forestry (Credential) P M Bullets and Octane In -
RED BANK REGISTER Ulued Weeklj
All the Newt ol BED BATH and Surrounding Town* fold Fearlessly and Without Blaa, RED BANK REGISTER Ulued Weeklj. Entored a. S«cond-Oln«« Mutloi at.fho foot- Subscription Prlcji Ons Iiu t2.00. VOLUME LVII, NO..45. offlc« at Rod Bank, N. J.. under the Act of Much' 1. 1870. RED BANK, N. J., THURSDAY, MAY 2, 1935. Sii Monthi SI.00. Simile Cop? <«. PAGES 1. TO 12. 1 Quadrangle Play Coming Illustrated SIGNS Ol' 11EC0VJSUY. ! J AI.K ON CHINA. Dr.AxtellToStay; A Fine New House Good News About lteul Estate Con- HealtB Center Ball Shrewsbury Foreign Missionary So- Tomorrow Night Lecture On Africa ditlonH At Belford. ciety To Hold Tea May 'J. Mr. Steinle To Go J. Crawford Compton of BaygJdii The Foreign Missionary society of Near Tinton Falls Margaret Carson Hubbard to Holghtu, near Bolt'ord, who la cn- Went Over "Big Guns" e Shrewsbury Presbyterlan church The Board of Education of Mid- "Big Hearted Herbert" to be Pre- gagod in thn real estate busjnctiH nnd will hold a tea on the aflcrnonn of It is Being Built for Mrt. Violet sented by Amateur Playert— Talk on Something New in who in the owner of tjovora! develop- Thursday, May 0, in thr Sund.iy- dletown Township So Decided Glemby of New York on Land! : Mra. Matthew Greig Headi Courage Regarding Her Per-ment a, atattiH ' that iiu fur us he schonl loom a! Ihu Shrewsbury Last Thursday — Insurance Which She Recently Bought known thorn IH no house In Belford Event at the Molly Pitcher Hotel Saturday Night Was church . -
James Coolidge Carter and the Anticlassical Jurisprudence of Anticodification
Langdell Upside-Down: James Coolidge Carter and the Anticlassical Jurisprudence of Anticodification Lewis A. Grossman* I. INTRODUCTION In the decades following the Civil War, the American legal profession engaged in a heated debate about the wisdom of replacing the substantive common law with a written civil code. During the dispute's most intense period, in the 1880s, discussions of the benefits and shortcomings of codi- fication appeared regularly in legal publications, as well as in general- interest newspapers and magazines. Professional organizations and state legislatures devoted countless hours to the question. Ultimately, the post- bellum codification movement achieved little. By the 1890s, it was appar- ent that the American defenders of the common law had won the battle. The codification impulse lasted into the twentieth century, as reflected in the Uniform Code and Restatement projects. But there were no further major campaigns to abandon the common law wholesale in favor of a code.1 The late nineteenth-century codification debate generated a profusion of jurisprudential literature. Although modem scholars have not totally ig- nored this rich body of writing,2 they have devoted surprisingly little at- * Professor of Law, Washington College of Law, American University. B.A. 1986, Yale; J.D. 1990, Harvard; Ph.D. (History), 2005, Yale. I would like to thank Robert Gordon, Morton Horwitz, Thomas Grey, Stephen Siegel, David Rabban, Jim May, and David Brion Davis for their guidance and insight. I presented preliminary versions of this article at the Annual Meeting of the American Society for Legal History (2004), the Annual Meeting of the Southeastern Association of Law Schools (2003), and the Supreme Court Historical Society Research Colloquium (2003), and I am grateful to the par- ticipants in those discussions. -
Adultery, Law, and the State: a History Jeremy D
Hastings Law Journal Volume 38 | Issue 1 Article 3 1-1986 Adultery, Law, and the State: A History Jeremy D. Weinstein Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Jeremy D. Weinstein, Adultery, Law, and the State: A History, 38 Hastings L.J. 195 (1986). Available at: https://repository.uchastings.edu/hastings_law_journal/vol38/iss1/3 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Note Adultery, Law, and the State: A History If your subject is law, the roads are plain to anthropology .... It is perfectly proper to regard and study the law simply as a great anthro- pological document.* Our legal system is to a large extent the product of the reaction of authority to the seeking of private vengeance by wronged parties. To ensure social control, the state must assert a monopoly of force, prohibit- ing its use by any other than itself.1 This monopoly of force is achieved through law. Law, by making the use of force a monopoly of the com- munity, pacifies the community.2 A monopolization of violence is achieved by the gradual institutionalization of vengeance through law. "Institutionalization of vengeance" refers to the process by which violent revenge comes to be exercised lawfully only by the state or under its authority; in other words, violent revenge becomes part of the law by being exercised only at the behest of the state.