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Widely used monograph publications include: Štanglová a kol.: Obchodní zákonik. Komentář. C. H. Beck, 6. vyd., Praha 2001; Švestka a kol.: Občanský zákoník, Komentář. C. H. Beck, 6. vyd., Praha 2001. 5.0 Articles in Periodicals Cite articles in periodicals by title of the article, title of the periodical (sometimes abbreviated), and volume and year (separated by a back slash): 40 Title, BA 10/2001. Major publications include Bulletin advokacie (BA); Právní rozhledy (monthly), Trestní rozhledy (monthly), Trestněprávní revue (monthly), Ad Notam (bimonthly). The titles of the latter four must be cited in full.
DENMARK Kongeriget Danmark (Kingdom of Denmark) I. COUNTRY PROFILE (Elements of Civil and Common Law) The Kingdom of Denmark is a constitutional monarchy. The Constitution was originally adopted in 1849 and was most recently amended in 1953. Formally, the Constitution confers substantial powers on the monarch, but in reality the monarch’s functions are largely ceremonial. The monarch appoints the Prime Minister and the Cabinet Ministers, but, apart from one instance in the early Twentieth Century, the monarch has summarily approved the candidates proposed by the leader of the party or parties who hold a majority of the seats in Parliament (Folketinget). Furthermore, the Ministers may be dismissed at any time by a parliamentary vote of no confidence. The state is divided into three branches. The executive power is vested in the Government (Regeringen), which is usually comprised of members of Parliament; the legislative power is vested in Parliament; and the judicial power is vested in the Judiciary (Domstolene). The state administration is divided between the central administration and the municipal authorities. The central administration, or Government, is headed by the Prime Minister (Statsministeren) and twenty Cabinet Ministers (ressortministre). Each Cabinet Minister heads a ministry, which is a special area of administration. The ministries are most often organized in departments and directorates. The local administration outside the two old metropolitan areas of Copenhagen and Frederiksberg consists of fourteen County Councils (amtskommuner) and 275 City or District Councils (primaerkommuner). The city and district councils enjoy substantial exclusive powers, conferred on them directly by Section 82 of the Constitution. The 1953 Constitution establishes a unicameral Parliament which consists of 179 members, two of whom are from the Faeroe Islands and two from Greenland. Members of parliament are directly elected by the people. Democracy is safeguarded not only by the Constitution (Grundloven) but also by the Parliamentary Election Act of Denmark (Folketingsvalgloven), which establishes an electoral system based upon proportional representation. Elections are held every four years, unless Parliament is dissolved by the Prime Minister in the interim. The legislative and the executive powers are balanced against each other in the sense that a parliamentary majority is needed in order to pass bills, and, as noted above, the members of Parliament may overthrow an individual Minister or the entire Government by a vote of no confidence. On the other hand, the Prime Minister can dissolve the parliament at any time in the hope of obtaining a more stable majority. The courts are organized in a hierarchical three-tiered system. At the bottom level, City Courts (Byretten) are organized in eighty-two districts. Above the District Courts are Eastern and Western High Courts (Landsretten). The highest court of the country is the Supreme Court (Hoejesteret). Among other things, cases involving constitutional or administrative claims are dealt with in these courts. In addition to the ordinary courts, there are courts that deal only with special areas of law, for instance the Maritime and Commercial Courts. The jury system is only used in cases of capital criminal offenses. Denmark joined the European Union (EU) in 1973. Legal acts of the EU, which are called Regulations (forordninger), are directly applicable to Danish citizens when they have been published in Danish in the Official Journal of the European Union. EU directives, on 41
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NEW YORK UNIVERSITY SCHOOL OF LAW J
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Contents FORWARD AND GENERAL INSTRU
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6.0 NEWSPAPERS AND WEEKLY JOURNALS
Page 7 and 8: JAPAN..............................
Page 9 and 10: 9.0 CITATION OF ELECTRONIC MATERIAL
Page 11 and 12: II. CITATION GUIDE.................
Page 13 and 14: 2.0 INTERNATIONAL CRIMINAL TRIBUNAL
Page 15 and 16: Forward and General Instructions Pu
Page 17: Acknowledgements Publication of the
Page 20 and 21: 2 http://www.jus.gov.ar/ II. CITATI
Page 22 and 23: Courts of Ordinary Jurisdiction for
Page 24 and 25: III. SELECTED REFERENCES ENRIQUE R.
Page 26 and 27: The Federal Court of Australia was
Page 28 and 29: Generally, court names are not incl
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Page 32 and 33: authority to test the constitutiona
Page 34 and 35: 16 Trial Court for cartels: Kartell
Page 36 and 37: There are two guides available for
Page 38 and 39: 7.0 Official Publications Cite offi
Page 40 and 41: Internet Resources: 22 Federal Sena
Page 42 and 43: 3.0 Jurisprudence Cite cases by typ
Page 44 and 45: 26 CANADA I. COUNTRY PROFILE (Commo
Page 46 and 47: Cite laws by title (italicized), vo
Page 48 and 49: 7.0 Official Publications Cite offi
Page 50 and 51: mainland China in 1997, but which k
Page 52 and 53: There is no comprehensive system of
Page 54 and 55: III. SELECTED REFERENCES WANG CHENG
Page 56 and 57: Administrative Court. Supreme Court
Page 60 and 61: the other hand, do not bind Danish
Page 62 and 63: Regulations issued under the author
Page 64 and 65: 46 Poul Nyrup, Europas Fremtid, tal
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Page 68 and 69: 50 The official gazette of Egypt (a
Page 70 and 71: Internet Resource: 52 Parliament: h
Page 72 and 73: I. COUNTRY PROFILE (Civil Law) 54 F
Page 74 and 75: in the Statute Book, decisions of t
Page 76 and 77: I. COUNTRY PROFILE (Civil Law) 58 F
Page 78 and 79: 2.1.1 Official Gazette Laws and dec
Page 80 and 81: 62 Gazette du Palais (Gaz. Pal. or
Page 82 and 83: FRANÇOISE DREYFUS & FRANÇOIS D’
Page 84 and 85: of Justice (Bundesgerichtshof). In
Page 86 and 87: Many Federal Statutes can be found
Page 88 and 89: 4.0 Books Cite books by name of the
Page 90 and 91: I. COUNTRY PROFILE (Civil Law) 72 G
Page 92 and 93: 74 Ministerial Decision: Ypourgiki
Page 94 and 95: Cite articles in newspapers and wee
Page 96 and 97: 78 Archive of Consultation (Green)
Page 98 and 99: 80 Bendtzen, “The Double Marginal
Page 100 and 101: India does not have a uniform citat
Page 102 and 103: Previous reporters which no longer
Page 104 and 105: Cite articles in journals by name o
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Major law reporters are entitled an
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92 ISRAEL Medinat Israel (State of
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More formal citations, which includ
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Cite unpublished cases as if citing
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hears appeals from the Justice of t
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3.0 Jurisprudence Cite cases by cou
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I. COUNTRY PROFILE (Civil Law) 102
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exceptions, the Japanese government
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6.0 Newspapers and Weekly Journals
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2.0 Legislation Cite legislation by
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110 MEXICO Estados Unidos Mexicanos
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112 phraseology is allowed when the
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Cite only official reporters, the n
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JAMES E. HERGER, AN INTRODUCTION TO
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The Supreme Court is the highest co
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III. SELECTED REFERENCES DRISS BASR
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The highest court is the Supreme Co
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3.1 Courts Ordinary Jurisdiction Co
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126 NEW ZEALAND I. COUNTRY PROFILE
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Cite bills in the same way as acts
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Cite journal articles only availabl
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132 NIGERIA Federal Republic of Nig
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2.4 Edicts 134 Decree No.28 of 1970
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3.1 Reporters The most common repor
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II. CITATION GUIDE There is no unif
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4.0 Books 142 Khawaja Textile Mills
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144 THE PHILIPPINES Republika ng Pi
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2.3 Codes Cite codes by common titl
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4.0 Books Cite books by volume (if
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152 Art. 200 k.k. Alternatively, in
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1.0 Constitution Cite the Constitut
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8.0 Unpublished Materials Cite thes
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Rossiiskoi Federatsii). Ten Federal
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There are two main types of preside
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6.0 Newspapers and Weekly Journals
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166 SOUTH AFRICA Republic of South
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3.0 Jurisprudence Cite cases by nam
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170 SOUTH KOREA Taehan-min'guk (Rep
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172 Code of Criminal Procedure (Hyo
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III. SELECTED REFERENCES SUPREME CO
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The autonomous communities operate
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3.2 Reports When possible, cite to
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180 Constitution Act: Regeringsform
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182 SWITZERLAND Confédération Sui
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2.2 Codes Cite codes by article and
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Tribunaux (JdT), La Semaine Judicia
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calendar, see Section 0.2 above), e
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194 TANZANIA Jamhuri ya Muungano wa
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3.2 Unreported Cases Cite unreporte
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198 Parliament http://www.parliamen
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Other legislative sources of law us
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204 Lutfi Duran, “Anayasa Mahkeme
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206 UNITED KINGDOM I. COUNTRY PROFI
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2.0 Legislation Cite a statute by s
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(BCLC)). In such circumstances, it
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212 UNITED STATES OF AMERICA I. COU
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2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
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266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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23.0 Antarctica Antarctic Treaty (W
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4.0 Relationship of International a
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12.0 State Responsibility Salem Cas
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21.0 International Trade Law [See t
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