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(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
The Court acknowledged that a punishment could be cruel but not unusual, and therefore not prohibited by the Constitution. [ 50 ] [ 51 ] Additionally, in Harmelin , Justice Scalia , joined by Chief Justice Rehnquist , said "the Eighth Amendment contains no proportionality guarantee," and that "what was 'cruel and unusual' under the Eighth ...
A status offense is an action that is prohibited only to a certain class of people, and most often applied only to crimes committed by minors. In the United States , the term status offense also refers to an offense such as a traffic violation where motive is not a consideration in determining guilt.
Retroactive application of law is prohibited by the Article 3 of the Polish civil code, and the legal rule prohibiting such retroactive application is commonly memorised as a Latin sentence Lex retro non agit ("A law does not apply retroactively"). The said article, however, allows retroactive application of an Act of Parliament if it is ...
Nulla poena sine lege (Latin for "no penalty without law", Anglicized pronunciation: / ˈ n ʌ l ə ˈ p iː n ə ˈ s aɪ n iː ˈ l iː dʒ iː / NUL-ə PEE-nə SY-nee LEE-jee) is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
Prohibition is not a continuation of the proceedings to be prohibited. Its object is on the contrary to arrest the inferior tribunal's proceedings. It is a collateral matter progress essentially between the two tribunals, an inferior one and other superior one by which the latter, by virtue its power of superintendence over the former ...