An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority.
An exequatur is a patent which a head of state issues to a foreign consul, guaranteeing the consul's rights and privileges of office and ensuring recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the government will usually provide some other means to recognize the consul. An exequatur may be withdrawn, which necessitates a consul's recall. [1]
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Canon law of the Catholic Church |
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An exequatur is a legal instrument issued by secular authorities in Roman Catholic nations to guarantee the legal force of papal decrees within the jurisdiction of the secular authority. This custom began during the Western Schism, when the legitimately elected Supreme Pontiff permitted secular leaders to verify the authenticity of papal decrees before enforcing them.
Some dissidents[ who? ] in the church claim that the custom arose as an implication of the nature of secular authority over the church, and that such a state privilege to verify papal doctrine had been exercised since the early days of the church. However, church doctrine denies that any permission from secular authority is necessary for papal decrees to be legally effective, even though secular authorities sometimes do not enforce them. [2]
In Brazilian, Romanian, French, Luxembourgish, Italian (via the Court of Appeal), Mexican, and Spanish laws, an exequatur is a judgment of a tribunal that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal.[ citation needed ]
In Puerto Rico, an exequatur is a document that validates a court order of a United States civil court as if a court of the Commonwealth of Puerto Rico issued it. [3]
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
The federal government of the United States is the common government of the United States, a federal republic located primarily in North America, comprising 50 states, five major self-governing territories, several island possessions, and the federal district of Washington, D.C., where the majority of the federal government is based.
The president of Guatemala, officially titled President of the Republic of Guatemala, is the head of state and head of government of Guatemala, elected to a single four-year term. The position of President was created in 1839.
The Constitution of the Commonwealth of Puerto Rico is the primary organizing law for the unincorporated U.S. territory of Puerto Rico, describing the duties, powers, structures and functions of the government of Puerto Rico in nine articles. It was ratified by the electorate of the archipelago and island in a referendum on March 3, 1952 and proclaimed into effect by Governor Luis Muñoz Marín on July 25, 1952, celebrated as Constitution Day. As the constitution of a territory of the United States, it is bound by the Constitution of the United States.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.
The judicial system of Egypt is an independent branch of the Egyptian government which includes both secular and religious courts.
Within the Catholic Church, an ecclesiastical judge is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. The judge presides over all baptized persons within their jurisdiction.
The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The monarchia Sicula was a historical but unduly inflated right exercised from the beginning of the sixteenth century by the secular authorities of Sicily, according to which they claimed final jurisdiction in Catholic matters, independent of the Holy See.
The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church. The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals and the Lateran Treaty governs relations with the Italian Republic.
The Popular Democratic Party is a political party in Puerto Rico that advocates to continue as a Commonwealth of the United States with self-governance. The party was founded in 1938 by dissidents from the Puerto Rican Liberal Party and the Unionist Party and originally promoted policies on the centre-left. In recent years, however, its leaders have described the party as centrist.
The Judiciary of Puerto Rico is defined under the Constitution of Puerto Rico and consists of the Supreme Court of Puerto Rico, Court of Appeals, and the Court of First Instance consisting of the Superior Courts and the Municipal Courts.
Spanish Cuba movement is a contemporary citizens' initiative under the leadership of Maikel Arista-Salado, a Cuban national exiled in the United States, who has successfully filed a lawsuit in Spanish courts that, if successful, will grant Spanish citizenship to 90% of Cubans and Puerto Ricans. The initiative was originally launched in 2008 from an idea of José Ramón Morales. Morales' original idea was twofold: (1) raise awareness against the dominant historical narrative which was built upon the premise of the Spanish Black Legend, and (2) plead for the re-integration of Cuba to the Spanish kingdom as an overseas territory upon mutual agreement between Cuba and Spain, followed by a referendum to be approved in both nations. Upon Morales' death in 2012, the idea was taken up by Cuban writer and historian Ferrán Núñez who published España contra los salvajes: una guerra civil olvidada, providing evidence and historical support for Morales' idea. Núñez' work undermines the conventional narrative taught to and believed by most Cubans today about the origin of the nation as an independent country. Núñez also founded Autonomía Concertada para Cuba as a not-for-profit corporation under the laws of the French Republic, where he legally resides. In 2020 Nuñez chose Maikel Arista-Salado to become the president of the organization. Arista-Salado incorporated a new one under the laws of the state of Florida, United States. Under Arista-Salado, ACC has experienced a revival with the successful filing of an action in Spanish courts seeking judicial review of the 1898 Treaty of Paris. ACC has since dropped its original purpose and redirected to promote Spanish citizenship for all Cubans, with the catchy slogan of "It's time to return home!".
The Republic of Honduras is organized according to Title I: On the State of the Honduran Constitution of 1982. According to Title V: Branches of the Government, the three administrative branches are the legislative, executive and judicial. The legislative branch is the National Congress, which is elected by direct vote. Executive power is held by the president of Honduras or, in their absence, by one of the three vice-presidents. The judicial branch is composed of a supreme court, a court of appeals and other courts specified by the law.
The Law of Guarantees, sometimes also called the Law of Papal Guarantees, was the name given to the law passed by the senate and chamber of the Parliament of the Kingdom of Italy, 13 May 1871, concerning the prerogatives of the Holy See, and the relations between state and church in the Kingdom of Italy. It guaranteed sovereign prerogatives to the pope, who had been deprived of the territory of the Papal States. The popes refused to accept the law, as it was enacted by a foreign government and could therefore be revoked at will, leaving the popes without a full claim to sovereign status. In response, the popes declared themselves prisoners of the Vatican. The ensuing Roman Question was not resolved until the Lateran Pacts of 1929.
The following outline is provided as an overview of and topical guide to the canon law of the Catholic Church:
The Action of Rights Protection is a judicial action established in Art. 20 of the Chilean Constitution, and follows that an Appellate Court makes orders to restore the rule of law and guarantee due protection of the constitutional rights of a person or people, in front of illegal or arbitrary acts and omissions that violate these rights.