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The rule of avoidance was a rule employed in the Sui Dynasty in China which prohibited local officials from serving in their places of origin, so that family and friends would not influence them.
A system similar to this was adopted by Emperor Akbar of the Mughal Empire to prevent corruption and favoritism. It is also an entirely different principle in United States constitutional law, and a cultural norm in some cultures that promotes exogamy.
The rule of avoidance employed during the Sui Dynasty, and continued by subsequent Confucian governments, prohibited local officials from serving in their places of origin, so that family and friends would not influence them. Terms of service were for only three or four years, and parents and sons over fifteen could not accompany officials. Each prefecture sent delegates to an annual court assembly. This practice would continue through to the end of the Qing Dynasty.
In the time of Emperor Akbar of the Mughal Empire (in the area of what is now India, Pakistan and Afghanistan), a system similar to this was put into place to ensure smooth running of government and to prevent corruption.[ citation needed ] Government officials were not allowed to serve in one jurisdiction for long so that they did not become too involved in local affairs and become stronger than the Emperor himself. After a period of time, employees of the Emperor were transferred and jurisdiction of service was thus rotated regularly. The implementation of this system in the Empire by Akbar helped in preventing corruption and favoritism. This method was discarded and forgotten by the later Emperors.
The rule of avoidance employed by the United States Supreme Court is a principle called Ashwander rules, settled in Ashwander v. TVA (297 US 288, 346-347 (1936)), that where a controversy may be settled on a platform other than one involving constitutional adjudication, the court should avoid the constitutional question. It was articulated by Justice Louis D. Brandeis, are a set of principles used by the United States Supreme Court for avoiding constitutional rulings.
This principle is also used in Irish law: see Carmody v Minister for Justice.
Jurisdiction is the legal term for the authority granted to a legal entity to enact justice. Colloquially it is used to refer to the geographical area. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
The Sui dynasty was a short-lived imperial dynasty of China of pivotal significance (581-618). The Sui unified the Northern and Southern dynasties, thus ending the long period of division following the fall of the Western Jin Dynasty, and laying the foundations for the much longer lasting Tang dynasty.
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Raja Todar Mal was the Finance Minister (Mushriff-i-Diwan) of the Mughal empire during Emperor Akbar's reign. He was also the Vakil-us-Sultanat and Joint Wazir. He was one of the premier nobles in the Mughal Empire and was a Mansabdar of 4000. He was one of the Navaratnas in Akbar's court. Under Todar Mal, there were 15 other Dewans nominated for 15 Subahs of Akbar.
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In Constitutional law, the Last Resort Rule is a largely prudential rule which gives a federal court the power to avoid a constitutional issue in some circumstances. This rule dictates that, even if all other jurisdictional and justiciability obstacles are surmounted, federal courts still must avoid a constitutional issue if there is any other ground upon which to render a final judgment. The last resort rule can function as a distinct barrier to Constitutional avoidance. It is articulated by Justice Brandeis in Ashwander v. Tennessee Valley Authority.
Zobrest v. Catalina Foothills School District, 509 U.S. 1 (1993), was a case before the United States Supreme Court.
Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936), was a United States Supreme Court case that provided the first elaboration of the doctrine of "Constitutional avoidance".
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