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世界法律体系简介(中英文)

1.how to understand the separation of power?The separation of powers, often imprecisely used interchangeably with the triaspolitica principle, is a model for the governance of a state (or who controls the state). The model was first developed in ancient Greece. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division of branches is into a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in a parliamentary system where the executive and legislature (and sometimes parts of the judiciary) are unified.三权分立,往往不准确交替使用的三叠纪政治学原则,是一个典范的状态的治理(或谁控制的状态)。

在古希腊最早开发的模式。

在这种模式下,状态分为分支,每个单独的和独立的权力和责任领域,使得一个部门的权力不与与其他部门相关的权力冲突。

分支机构的典型划分成一个立法机关,行政和司法机关。

它可以对比权力的议会制度,其中行政机关和立法机关(司法机关有时部分)是统一的融合。

Comparison between tripartite and bipartite national systems[edit]Constitutions with a high degree of separation of powers are found worldwide. The UK system is distinguished by a particular entwining of powers. In Italy the powers are completely separated, and even though the Council of Ministers needs a vote of confidence from both chambers of Parliament, that represents a large number of members (almost 1,000).[14] A number of Latin American countries have electoral branches of government.Countries with little separation of power include New Zealand and Canada. Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government.Complete separation of powers systems are almost always presidential, although theoretically this need not be the case. There are a few historical exceptions, such as the Directoire system of revolutionary France. Switzerland offers an example of non-Presidential separation of powers today: It is run by a seven-member executive branch, the Federal Council. However, some might argue that Switzerland does not have a strong separation of powers system, as the Federal Council is appointed by parliament (but not dependent on parliament) and although the judiciary has no power of review, the judiciary is still separate from the other branches.三方和双方国家制度的比较与宪法权力分立的高度在世界各地找到。

英国系统是由权力的特定缠绕在一起区分。

在意大利的权力是完全分开的,即使部长会议需要表决的议会两院的信心,表示有大量的成员(近1,000)的。

[14]一些拉美国家有分支机构选举政府。

带电源的小分离的国家包括新西兰和加拿大。

加拿大使得有限的使用在实践中三权分立,虽然在理论上区分政府部门之间。

完整的三权分立制度几乎都是总统,虽然理论上这不一定是这种情况。

有一些历史的例外,如法国大革命的督系统。

瑞士今天提供权力的非总统分离的一个例子:它是由七名成员组成的行政部门,联邦委员会运行。

不过,有些人可能会争辩说,瑞士没有权力系统的强大的分离,作为联邦委员会是由议会任命的(但不依赖于议会),尽管司法机构审查没有权力,司法机关仍是从其他分离分支机构。

2.How to Understand the American Judicial SystemStep 1 Investigate the origin Investigate the origin of the law. The United States Constitution was finalized in 1788 and is still the supreme law of the land. It was based on the principal that all people have the right to life, liberty, and the pursuit of happiness. The Constitution protects the sovereignty of each state while mandating that they are unified as one nation. Step 2 Understand the authority Understand the authority of the branches. The power of the federal government was balanced among three equal branches to create a long-lasting government that would serve everyone. The three branches are the executive, legislative, and judicial branches.Americans vote to elect the members of the executive and legislative branches. The members of the judicial branch are appointed by the President and confirmed by the Senate.Step 3 Study the Supreme Court's power Study the Supreme Court’s power. The Supreme Court of the United States is the highest court and all lower courts are obligated to follow the guides set by the Supreme Court when making decisions.Step 4 Learn about the inferior courts Learn about the lower courts: district courts and the courts of appeals. District courts handle most federal law cases. The U.S. courts of appeals review the appealed district court cases.Step 5 Learn the difference between state and federal courts Learn the difference between the state and federal courts. Each state has its own court system. State courts have hierarchy levels with the highest level being the state’s supreme court. Federal courts make sure that state laws obey federal laws. Now you have a good understanding of the American judicial system.Congress determines the number of Supreme Court Justices. There have been as many as 9 and as few as 6.第1步调查的起源调查法的起源。

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