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Among the first trendy authors to use the time period and provides the principle theoretical foundations was Samuel Rutherford in Lex, Rex . The title, Latin for “the law is king”, subverts the normal formulation rex lex (“the king is legislation”). James Harrington wrote in Oceana , drawing principally on Aristotle’s Politics, that among types of authorities an “Empire of Laws, and never of Men” was preferable to an “Empire of Men, and not of Laws”.

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Written decisions of the most important instances had been unfold all through England (the common “realm”), and judges hoped to establish a somewhat predictable, constant group of choices. One instance of treaty obligations overriding, or taking precedence over, federal statutes was the tuna-dolphin dispute between the United States and Mexico. The Marine Mammal Protection Act amendments in 1988 spelled out certain protections for dolphins within the Eastern Tropical Pacific, and the United States started refusing to allow the importation of tuna that have been caught using “dolphin-unfriendly” strategies (similar to purse seining). This was challenged at a GATT dispute panel in Switzerland, and the … Read More

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