The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

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A royal document with signatures

In early December 1936, a constitutional crisis in the British Empire arose when King Edward VIII proposed to marry Wallis Simpson, an American socialite who was divorced from her first husband and was in the process of divorcing her second.

The marriage was opposed by the governments of the United Kingdom and the Dominions of the British Commonwealth. Religious, legal, political, and moral objections were raised. As the British monarch, Edward was the nominal head of the Church of England, which at this time did not allow divorced people to remarry in church if their ex-spouses were still alive. For this reason, it was widely believed that Edward could not marry Simpson and remain on the throne. As a twice-divorced woman, Simpson was perceived to be politically, morally and socially unsuitable as a prospective queen consort. It was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposition, Edward declared that he loved Simpson and intended to marry her as soon as her second divorce was finalised.

The widespread unwillingness to accept Simpson as the King's consort and Edward's refusal to give her up led to his abdication in December 1936. He was succeeded by his brother Albert, who became George VI. Edward was given the title of Duke of Windsor, and styled Royal Highness, following his abdication, and he married Simpson the following year. They remained married until his death 35 years later. (Full article...)

Selected biography

A photograph of Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor.

Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Day before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General under President Gerald Ford. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit. Four years later, Reagan appointed him to the Supreme Court, where Scalia became its first Italian-American justice following a unanimous confirmation by the U.S. Senate 98–0.

Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") intending to persuade them to his point of view. He was a strong defender of the powers of the executive branch and believed that the U.S. Constitution permitted the death penalty and did not guarantee the right to either abortion or same-sex marriage. Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. Such positions would earn him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority—sometimes scathingly so. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


The cover of the Basic Law, published by the Constitutional and Mainland Affairs Bureau

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.

The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. (Full article...)

Did you know...

Aerial photograph of an island.

  • ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Sepia-toned oval portrait of a man with a high collar.

Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion.

The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553" which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty. If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case.

After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone, one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales. (Full article...)

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