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85-444: In some U.S. states , it is a constitutional position created when the governor dies in office or resigns. In other states, the governor may also be declared to be incapacitated and unable to function for various reasons including illness and absence from the state for more than a specified period. In these instances, the state constitution will declare which official is to serve as governor and whether this person will have all of

170-603: A Master of Business Administration degree from Marshall University . Tomblin was elected to the West Virginia House of Delegates in 1974, and reelected in 1976 and 1978. He won election to the Senate for the 7th district in 1980 and was subsequently re-elected every four years until his election as governor. Tomblin was elected on January 3, 1995, as the 48th President of the West Virginia Senate. Having served in

255-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution

340-569: A constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used

425-516: A full term in 2012, and defeated Maloney in a rematch. In the 2016 presidential election , Tomblin endorsed fellow Democrat Hillary Clinton . Tomblin is anti-abortion . Despite this, in March 2014, Tomblin vetoed a bill that would have banned abortions in West Virginia after 20 weeks, which he said was due to constitutionality issues. In March 2015, Tomblin again vetoed the bill; however, his veto

510-402: A legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states , a constitution defines the principles upon which the state

595-475: A major factor in voters' decision to amend the state constitution to create the office of lieutenant governor in the 2005 referendum, effective with the 2009 election. Before the amendment could take effect, state transportation commissioner Kris Kolluri served as acting governor the day of December 28, 2006. As Governor Corzine, the senate president, assembly speaker, and attorney general were all out of state, Kolluri became acting governor. In West Virginia , if

680-584: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing

765-469: A second full term in 2016. Under the constitution, a partial term counts toward the limit of two consecutive terms. Tomblin was married on September 8, 1979, to Joanne Jaeger, a native New Yorker and graduate of Marshall University, who served as the president of Southern West Virginia Community and Technical College from 1999 to 2015. They reside in Chapmanville and have one son, Brent. Tomblin attends

850-826: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see

935-451: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon

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1020-529: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,

1105-462: A statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically,

1190-484: A vacancy in the office of governor would lead to the president of the state Senate to become acting governor while still retaining the title of senate president. Following the resignation of Christine Todd Whitman in 2001 to become EPA Administrator, Donald DiFrancesco assumed the acting governor's post, serving until January 2002. Following DiFrancesco's departure from the senate, John O. Bennett and Richard J. Codey each served as acting governor as well. As control of

1275-642: Is an American politician who served as the 35th governor of West Virginia from 2011 to 2017. A member of the Democratic Party , he previously served in the West Virginia Senate from 1980 to 2011 and as president of the West Virginia Senate from 1995 to 2011. Tomblin became acting governor in November 2010 following Joe Manchin 's election to the U.S. Senate. He won a special election in October 2011 to fill

1360-401: Is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India is the longest written constitution of any country in

1445-633: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of

1530-413: Is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have the same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states

1615-470: Is the first person under the current state constitution to act as governor following the November 15, 2010 resignation of Joe Manchin following his election to the United States Senate seat vacated by the death of Robert Byrd . As there was more than one year remaining on Manchin's term as governor, a special election was held, which Tomblin won. He became governor on November 13, 2011 to complete

1700-488: Is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution . The Constitution of the United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of

1785-563: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became

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1870-611: The Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia , the Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon ,

1955-543: The Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that a period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to

2040-716: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up

2125-501: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began

2210-565: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with

2295-633: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,

2380-696: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,

2465-601: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed

2550-1033: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon

2635-776: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It

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2720-542: The Sumerian king Urukagina of Lagash c.  2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be

2805-556: The Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by

2890-483: The United States Senate seat of the late Senator Robert Byrd . Tomblin is the first person to serve as acting governor under West Virginia's current constitution . While acting governor, Tomblin also retained the title of Senate President, per the state constitution. However, he did not participate in legislative business or preside over the Senate while acting governor. Under the West Virginia constitution , when

2975-747: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and

3060-522: The New Jersey Senate was evenly split, resulting in two Senate co-presidents, Codey and Bennett each held the office of acting governor for three days in January 2002, until Jim McGreevey began his term as governor. Codey again served as acting governor following McGreevey's own resignation, serving from November 2004 until January 2006, when Jon Corzine took office as governor. These unusual events were

3145-617: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea

3230-470: The acting governor until January 2003, when Cellucci's term ended with the inauguration of Mitt Romney . In New Jersey , a state which has a lieutenant governor, in the event of a vacancy in the office of governor, the lieutenant governor becomes governor. In case of the inability of the current governor to fulfill the gubernatorial duties through injury, the lieutenant governor serves as the acting governor. The acting governor performs powers and duties until

3315-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,

3400-628: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code

3485-470: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under

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3570-402: The constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been

3655-477: The constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things, the freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example,

3740-432: The constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example, a students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of

3825-685: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,

3910-543: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of

3995-429: The drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to the Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where

4080-447: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav

4165-408: The governor recovers from the injuries. If the governor's death or resignation occurs less than 16 months before end of the term, the new governor serves until the end of the term, otherwise a special election (in which the new governor may participate) is held. Prior to the establishment of the modern office of lieutenant governor following a constitutional referendum in 2005 that took effect in 2009,

4250-423: The governorship becomes vacant with more than one year remaining in the term, a special election must be held for the remainder of the term. In Manchin's case, he left office two years into his second term. Tomblin stated his desire to run for the remainder of the term. Following a ruling by the Supreme Court of Appeals on January 18, 2011, a special gubernatorial election was scheduled for October 4, 2011. Tomblin

4335-495: The governorship becomes vacant, the Senate president acts as governor. If more than one year remains in the governor's term at the time of vacancy, a special election is held; otherwise, the Senate president serves the remainder of the term. A bill passed in 2000 grants the Senate president the honorary title of lieutenant governor, but this title is rarely used in practice and the terms of the Senate president do not correspond with governorships. Then-Senate president Earl Ray Tomblin

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4420-414: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for

4505-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to

4590-648: The legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws . This Constitution also limited the executive authority of the hetman , and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect. Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau . The latter introduced universal suffrage for property owners. Earl Ray Tomblin Earl Ray Tomblin (born March 15, 1952)

4675-492: The legislature's repeal of its ratification of the Equal Rights Amendment . The authority of the lieutenant governor of Kentucky to act as governor when the elected governor is out of state was repealed under a 1992 amendment to the Kentucky Constitution . In 1993, in Pennsylvania, Governor Robert P. Casey underwent surgery that left him incapacitated for months, thus leaving Lieutenant Governor Mark Singel as acting governor. During that time, Singel fulfilled all duties of

4760-542: The living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of the United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are

4845-428: The office for the remainder of the term, thus becoming acting governor while retaining the lieutenant governor's office. In 1997, when William Weld resigned to pursue the ambassadorship to Mexico, Paul Cellucci took over as acting governor until after his 1998 election as governor, when he assumed office in January 1999. In 2001, when Cellucci resigned to become United States Ambassador to Canada , Jane Swift became

4930-404: The office of governor. Following the death of New Hampshire Governor Hugh Gallen , Vesta M. Roy , as president of the state Senate, served as acting governor of New Hampshire from December 30, 1982, to January 6, 1983. Practices in this area are anything but uniform from state to state. In Rhode Island , for example, the lieutenant governor never acts as governor, even if the governor has left

5015-556: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent

5100-419: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between

5185-400: The political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example, the Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during

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5270-433: The position for almost seventeen years, he is the longest serving Senate President in West Virginia's history. Tomblin became the first Lieutenant Governor of West Virginia upon creation of the honorary designation in 2000. As a senator, he represented the 7th Senate District encompassing Boone , Lincoln , Logan, and Wayne counties. Tomblin became acting governor when Joe Manchin resigned after being elected to fill

5355-430: The powers of the office or only specified ones. In many states, the person succeeding to the governorship or becoming acting governor is the lieutenant governor ; however, not all states have such a position. If the state constitution provides for an acting governor in the event of the governor's disability, it will also provide for a method by which the governor can be declared to be no longer disabled. George C. Wallace

5440-420: The primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within

5525-474: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona

5610-416: The remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea, the consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with

5695-624: The ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe

5780-436: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within

5865-451: The state. In most of the states, when the governor dies, resigns or is removed from office (via impeachment conviction), the next in line become the new governor, succeeding to the office and powers. Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity , organization or other type of entity , and commonly determines how that entity

5950-479: The state. This eventually resulted in litigation, much of which went in Curb's favor. Powers of an acting governor had previously been questioned in the mid-1970s in Kentucky . In her capacity as acting governor of Kentucky in Julian Carroll 's absence, Thelma Stovall , then-lieutenant governor, acting as governor, issued pardons , called the Kentucky General Assembly into special session to enact legislation limiting property tax increases, and purported to veto

6035-430: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in

6120-540: The term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set the judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon

6205-592: The term. The powers of an acting governor came into dispute during the 1980 Democratic primary presidential campaign of Jerry Brown , then governor of California . When he was campaigning out of state, which was often in late 1979 and early 1980, Mike Curb , a Republican who was then serving as lieutenant governor of California often used his position as acting governor to veto legislation, promulgate executive orders , issue proclamations, appoint Republican appellate court justices, and to do other things that Brown would not likely have done had he been present in

6290-468: The unexpired term ending on January 14, 2013, and was elected to a full term as governor in November 2012. Tomblin was born in Logan County, West Virginia , and is the son of Freda M. (née Jarrell) and Earl Tomblin. His mother was 18 years old when he was born. He has a Bachelor of Science degree from West Virginia University where he was a member of Kappa Alpha Order and then went along to receive

6375-459: The union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that

6460-631: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and

6545-441: The world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States is the oldest active codified constitution. The historical life expectancy of

6630-461: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into

6715-628: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on

6800-580: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became

6885-612: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by

6970-476: Was overridden by the West Virginia legislature. A May 2013 survey by Republican strategist Mark Blankenship showed Tomblin's job approval rating to be at 69 percent, unchanged from two months earlier. According to a poll conducted by Public Policy Polling in September 2013, Tomblin had an approval rating of 47 percent with 35 percent disapproving, up from 44 percent in 2011. Tomblin was barred from running for

7055-401: Was shot in an assassination attempt in May 1972. With him out of state recovering for more than 120 days, Lt. Governor Jere Beasley acted as governor from June 5 to July 7, 1972, at which time Governor Wallace returned to the state and returned to office. In Massachusetts , in the event of a vacancy in the governor's office, the lieutenant governor assumes the duties of the office, but not

7140-513: Was successful in the Democratic primary, beating a field of six contenders, while Morgantown businessman Bill Maloney emerged as the Republican nominee in the May 14 primary. Tomblin went on to win the general election against Maloney and was sworn in as governor on November 13, 2011. Immediately before being sworn in as governor, Tomblin resigned from the state senate. Tomblin ran for election to

7225-649: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,

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