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The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] "Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law—the choice depending on ...
In an unsparing dissent, Justice Sonia Sotomayor said the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against ...
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well. [3] The Parable of the Good Samaritan (Luke 10:25–37) is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer".
The Czech constitution, Article 2, paragraphs 2 and 3, respectively read: [5] (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 ...
[2] [3] [4] It is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to Encyclopædia Britannica , it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally ...
"No one is above the law." Trump is the Republican candidate challenging Joe Biden, a Democrat, in the Nov. 5 U.S. election. Neither the prosecution nor the defense directly addressed that issue.
The act of law injures no one. Actus non facit reum, nisi mens sit rea: No act is punishable that is not the result of a guilty mind. The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute. [3] actus reus: guilty act