Law & Politics [A-B]
"necessary & proper" clause
Provision in the Constitution which strongly suggests that the national government has powers other than those explicitly stated in the Constitution.
"pack journalism"
The tendency of journalists and news outlets to cover the same stories. Driven by the fear of being "scooped" by other reporters or news outlets
"two presidencies"
The distinction between the President's roles in domestic and foreign policy making. Presidents generally have more discretion in the foreign policy arena.
a priori
From cause to effect; from a general law to a particular instance; valid independently of observation.
abolitionist
One who favors doing away with slavery.
Abrogation
The destruction or annulment of a law by an act of legislative power, by constitutional authority, or by usage; the act of a party, whether lawful or not, in giving notice that it considers itself no long bound by a treaty
Abrogation
The destruction or annulment of a law by an act of legislative power, by constitutional authority, or by usage; the act of a party, whether lawful or not, in giving notice that it considers itself no long bound by a treaty.
absolutism - the principle or the exercise of complete and unrestricted power in government.
Absorption
A type of state succession whereby one state is incorporated into another (e.g., the German reunification).
Abstention
Primarily relevant in international law in reference to votes on the U.N. Security Council. By abstaining, a member does not signify objection to the approval of what is being proposed. Therefore, abstentions do constitute a bar to the adoption of a resolution requiring unanimity of the permanent members (i.e., votes on non-procedural matters).
Abuse of rights
Doctrine asserting that a state is in breach of international law if it exercises a right in such a way as to prejudice another state in exercising a right it enjoys. See, e.g., 1982 U.N. Convention on the Law of the Sea, art. 300.
Accession
The act whereby a state accepts the opportunity or offer of becoming a party to a treaty already signed by other states, though not necessarily yet in force. The state acceding to the treaty did not take part in its negotiation. Not infrequently, a treaty may provide that accession may be made only to a party of the treaty.
ACLU - American Civil Liberties Union. Nonprofit, nonpartisan litigation and lobbying organization which, among other activities, defends "freedom of expression, privacy, due process, and equal protection on behalf of anyone, no matter how unpopular the issue.
act of aggression
Generally, the use of force by one state against another state, not justified by the right of individual or collective self-defense or any other legally recognized exceptions (i.e., force approved by the U.N. itself). In Resolution 3314, the U.N. General Assembly defined act of aggression as: “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter.” See also U.N. Charter, Chapter VII.
Act of State Doctrine
Doctrine, operating essentially as a choice of law rule, that says the acts of a government within the boundaries of its own territory are not subject to judicial scrutiny in a foreign municipal court. A municipal court will decline to hear a dispute based on such acts if to do so would interfere with the conduct of the forum state's foreign policy. Applies only to acts occurring in another state’s territory. See Underhill v. Fernandez, 168 U.S. 250 (1897) (“Every sovereign state is bound to respect the independence of every other sovereign, and the courts of one country will not sit in judgment on the acts of another government done within its own territory”); Banco Nacional v. Sabbatino 376 U.S. 398 (1964) (holding that the court of one state will not “sit in judgment” of the acts of another state). Compare with “Sovereign Immunity.”
Act of war
Historically, this term was understood to refer to any state action that that effectively terminated the normal international law of peacetime and activated the international law of war. Since the U.N. Charter banned the use of force (art. 2), states have refrained from formally declaring war (the last declaration of war was made in 1945 by the Soviet Union against Japan). Compare with “act of aggression.”
Actio popularis
A legal action brought by any member of a community in vindication of a public interest.
ad hominem - appealing to a prejudice, emotion, or a special interest rather than to intellect or reason; an attempt to argue by referring to characteristics of the source of a claim or an argument.
Adjudication
The giving or pronouncing of a judgment or decree; also, the judgment given.
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