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Basic Structure
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in '' Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution. In ''Kesavananda'', Justice Hans Raj Khanna propounded that the Constitution of India has certain ''basic features'' that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist A. H. F. Lefroy, Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The Constitution Of India
The Preamble of the Constitution of India presents the principles of the Constitution and indicates the sources of its authority It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India. It was amended during Indian emergency by Indira Gandhi where the words "socialist" and "secular" were added. Text Historical background The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950. B. R. Ambedkar said about the preamble: It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Belize
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a water boundary with Honduras to the southeast. It has an area of and a population of 441,471 (2022). Its mainland is about long and wide. It is the least populated and least densely populated country in Central America. Its population growth rate of 1.87% per year (2018 estimate) is the second-highest in the region and one of the highest in the Western Hemisphere. Its capital is Belmopan, and its largest city is the namesake city of Belize City. Belize is often thought of as a Caribbean country in Central America because it has a history similar to that of English-speaking Caribbean nations. Indeed, Belize’s institutions and official language reflect its history as a British colony. The Maya civilization spread into the area of Beli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Malaysia
The Federal Court of Malaysia ( ms, Mahkamah Persekutuan Malaysia) is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994. History The earliest predecessor of the Federal Court was the Court of Judicature of Prince of Wales' Island (now Penang), Singapore and Malacca, which was established by the Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826. The Court was presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder. The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca. Following the reconstitution of the Straits Settlements a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Singapore
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. It consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building. The High Court exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance – it can dea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forty-second Amendment Of The Constitution Of India
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed as the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and secti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirty-ninth Amendment Of The Constitution Of India
The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977. It was moved by the Congress government headed by Indira Gandhi to preempt a hearing by Supreme Court of India concerning the setting aside of Gandhi's election by the Allahabad High Court on the grounds of corrupt electoral practices. Background Indira Gandhi was accused by Raj Narain for misusing the state machinery during her election polls. After that, the Allahabad High court did find her guilty, by virtue of which dismissed her immediately from the Lok Sabha. The high court also barred her from contesting in future elections for 6 years and demanded her resignation from PM post. Indira Gandhi appealed to the supreme court the same day and her case was accepted. The court granted her bail ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minerva Mills V
Minerva (; ett, Menrva) is the Roman goddess of wisdom, justice, law, victory, and the sponsor of arts, trade, and strategy. Minerva is not a patron of violence such as Mars, but of strategic war. From the second century BC onward, the Romans equated her with the Greek goddess Athena.''Larousse Desk Reference Encyclopedia'', Book People, Haydock, 1995, p. 215. Minerva is one of the three Roman deities in the Capitoline Triad, along with Jupiter and Juno. She was the virgin goddess of music, poetry, medicine, wisdom, commerce, weaving, and the crafts. She is often depicted with her sacred creature, an owl usually named as the "owl of Minerva", which symbolised her association with wisdom and knowledge as well as, less frequently, the snake and the olive tree. Minerva is commonly depicted as tall with an athletic and muscular build, as well as wearing armour and carrying a spear. As the most important Roman goddess, she is highly revered, honored, and respected. Marcus Terent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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