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Legal Research Reports:The Revocation of Huguenot Rights to French Citizenship

Thu, 11/07/2019 - 04:40

The Law Library of Congress is proud to present the report, The Revocation of Huguenot Rights to French Citizenship

The 1685 revocation of the Edict of Nantes deprived French Protestants, otherwise known as the Huguenots, of all religious and civil liberties.  This led to the widespread persecution of Huguenots, and over 400,000 emigrated from France as a result.  Religious freedom was re-established during the French Revolution, and a 1790 law provided that descendants of French individuals who had fled the country due to religious persecution had a right to settle in France and claim French citizenship.  This rule, confirmed in a slightly amended form in 1889, remained applicable until 1945, when the French Citizenship Code abrogated almost all prior legislation on the matter of citizenship, including the laws of 1790 and 1889.

The 1945 French Citizenship Code was adopted by way of an ordonnance, which is, in this context, an act of delegated legislation.  The French Constitution allows, under certain conditions, the executive branch to legislate in lieu of Parliament.  These acts of legislation, which are subject to both prior authorization and later confirmation by Parliament, are called ordonnances.  Once an ordonnance has been ratified or confirmed by Parliament, it becomes the equivalent of a law.  An ordonnance may amend or entirely abrogate prior legislation. 

The concept of delegated legislation has existed in France for a long time, under different names.  However, the 1945 ordonnance that instituted the then-new French Citizenship Code never authorized by Parliament, because France had no Parliament to speak of between July 1940 and October 1945.  It does not appear that the legality and legitimacy of the ordonnances of 1945 were ever challenged, and French courts treat them as a valid exercise of legislative authority.  The 1945 ordonnance which abrogated the right to French citizenship for descendants of Huguenots should therefore be seen as a valid piece of legislation under French law.

This report is one of the many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

Legal Research Reports: Criminalization of Illegal Entry Around the World

Mon, 09/23/2019 - 20:44

The Law Library of Congress is proud to present the report, Criminalization of Illegal Entry Around the World.

On the basis of a worldwide survey, this report identifies 162 countries that have laws criminalizing or otherwise punishing illegal entry.  The chart shows countries that impose criminal sanctions for illegal entry as well as countries that impose only civil or administrative penalties (typically fines and deportation). 

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

Legal Research Reports: Limits on Freedom of Expression

Fri, 08/02/2019 - 20:17

The Law Library of Congress is proud to present the report, Limits on Freedom of Expression.

This report examines the scope of protection extended to freedom of speech in 13 selected countries. In particular, the report focuses on the limits of protection that may apply to the right to interrupt or affect in any other way public speech. The report also addresses the availability of mechanisms to control foreign broadcasters working on behalf of foreign governments. The terms “freedom of speech” and “freedom of expression” as used in this report are interchangeable.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

 

Legal Research Reports: Regulatory Approaches to Cryptoassets

Thu, 08/01/2019 - 21:33

The Law Library of Congress is proud to present the report, Regulatory Approaches to Cryptoassets

This report covers 46 jurisdictions, including the European Union, and focuses primarily on regulatory approaches to cryptoassets created through blockchain, or distributed ledger technology, in the context of financial market and investor protection laws. It also contains updated information regarding the application of tax and AML/CFT laws to cryptocurrencies in the countries covered. Additional countries not covered in this report may also have taken actions in one or both of these areas, but were not included due to there being no existing policies, or new or pending laws, related to financial regulation and oversight of cryptocurrency activities.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

Legal Research Reports: Protection of Indigenous Heritage

Thu, 08/01/2019 - 21:29

The Law Library of Congress is proud to present the report, Protection of Indigenous Heritage

This report surveys 11 jurisdictions on the legislative and policy frameworks affecting the protection of sacred places of indigenous peoples, their graves, remains, related artifacts, and indigenous cultural property generally. In the United States, a 1990 law, the Native American Graves Protection and Repatriation Act (NAGPRA) addresses the identification, repatriation, protection, regulated excavation, and custody of indigenous human remains and related cultural objects. The individual surveys in this report reflect research on whether there are corresponding laws in the selected jurisdictions similar to NAGPRA, and more generally discuss the protection of indigenous cultural patrimony.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

Legal Research Reports: Powers of the Mexican Federal Police with Foreign Country Comparisons

Thu, 08/01/2019 - 00:24

The Law Library of Congress is proud to present the report,  Powers of the Mexican Federal Police with Foreign Country Comparisons.

After discussing Mexico’s historical and current policing structure, this report then examines the structure of police forces in selected other countries. The main criteria for the inclusion of other countries was the functional and geographic divergence of law enforcement duties across various jurisdictional levels. The list of countries included is not intended to be exhaustive.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

Legal Research Reports: Regulation of Artificial Intelligence in Selected Jurisdictions

Wed, 07/31/2019 - 23:00

The Law Library of Congress is proud to present the report, Regulation of Artificial Intelligence in Selected Jurisdictions.

This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union. In addition, a survey of international organizations describes the approach that United Nations agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics codes, and actions by and statements from governments and their agencies on AI are also addressed. While the country surveys look at various legal issues, including data protection and privacy, transparency, human oversight, surveillance, public administration and services, autonomous vehicles, and lethal autonomous weapons systems, the most advanced regulations were found in the area of autonomous vehicles, in particular for the testing of such vehicles.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

 

Legal Research Reports: Initiatives to Counter Fake News in Selected Countries

Wed, 07/31/2019 - 03:33

The Law Library of Congress is proud to present the report, Initiatives to Counter Fake News in Selected Countries.

This report examines the legal approaches of 15 countries, representing all regions of the world, to the emerging problem of manipulation with “fake news” using mass and social media, especially the impact of fake news on ongoing political processes and elections, and the legislative measures undertaken to counteract the dissemination of false information. With the exception of Japan, the widespread distribution of false information and its impact on decision making and democratic processes is becoming a challenge worldwide. The individual country surveys analyze current and proposed initiatives to limit the spread of false information undertaken at the national level, each country’s challenges associated with these efforts, and efforts undertaken by national governments to secure the validity and accuracy of legal information.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports.

DIDUKUNG OLEH