Constitutional Court Systems: Concentrated and Diffuse Models
There are two primary systems of judicial review regarding the constitutionality of laws: diffuse (as seen in the USA) and concentrated (the Austrian-Kelsen model).
Diffuse Control (USA)
In the diffuse model, all courts can assess the constitutionality of laws. This assessment occurs incidentally during a case when a law’s constitutionality is questioned.
- All ordinary courts can rule on the constitutionality of laws.
- Differences between courts are resolved by superior courts, ultimately the Supreme
U.S. Government: Constitution, Branches, and Processes
Major Constitutional Articles and Provisions
- Article I: Legislative Branch – Creates Congress (House & Senate), outlines powers (tax, regulate commerce, declare war), and processes (impeachment, lawmaking).
- Article II: Executive Branch – Defines presidential powers (commander-in-chief, treaties, appointments) and duties (State of the Union).
- Article III: Judicial Branch – Establishes the Supreme Court and lower courts, jurisdiction, and trial processes.
- Article IV: State Relations – Full Faith and
Key Aspects of Indian Labor Laws: EPF, ESI, and More
Salient Features of the Employees’ Provident Fund (EPF)1. Mandatory Contributions: Employees contribute 12% of their basic salary, and employers match this amount. A portion of the employer’s contribution goes to the Employee Pension Scheme (EPS) and Employee Deposit Linked Insurance (EDLI). 2. Interest: EPF balances earn annual interest, typically between 8-9%, which is tax-free. 3. Employee Pension Scheme (EPS): A part of the employer’s contribution provides a pension for employees after retirement. |
|---|
Key Legal Concepts: Contracts, Torts, and Liabilities
Key Legal Concepts
1. Negligence
Definition: Failure to exercise reasonable care, resulting in harm to another. Example: A driver runs a red light and crashes into another car, causing injury.
Defenses
- Assumption of risk: Plaintiff knowingly exposed themselves to danger (e.g., someone injured while skydiving).
- Contributory negligence: Plaintiff’s own negligence contributed to the injury (e.g., a pedestrian jaywalking).
2. Offer
Definition: A proposal to form a contract. Example: “I will sell you my car
Read MoreBusiness Law: Employment Discrimination, LLCs, Corporations, Securities, Antitrust, and IP
Chapter 19: Constitutional Protections and Employment Discrimination
Constitutional Protections: The 5th and 14th Amendments protect individuals from discrimination by federal, state, and local governments, ensuring equal protection under the law.
- Civil Rights Act of 1866: Prohibits racial discrimination in private and public employment.
- Equal Pay Act of 1963: Mandates equal wages regardless of sex, allowing pay differences based on seniority, merit, quantity, or quality of work.
- Title VII of the Civil
Spanish Constitutional Court: Structure and Powers
The Constitutional Court (Supreme Court)
The Constitutional Court is a constitutional body set up directly by the Constitution, as one of the essential parts of the established political system. Its function is to ensure the supremacy of the Constitution through the concentrated control of the constitutionality of laws, making it the supreme interpreter of the Constitution. It is a court that has jurisdiction throughout the Spanish territory. The Constitution excludes any other government body from
Read More