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May 24, 2024 · ABSTRACT. This research paper delves into the complex interplay between the Supreme Court of India's pursuit of justice and its response to political pressures and constitutional imperatives.
Feb 4, 2013 · A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law
A tale of two Americas. And the mini-mart where they collided. Ten days after 9/11, a shocking attack at a Texas mini-mart shattered the lives of two men: the victim and the attacker. In this stunning talk, Anand Giridharadas, author of "The True American," tells the story of what happened next.
- Jurisprudence vis-à-vis Judge-Made Law
- Landmark Judgments of Judicial Legislation
- Judicial Legislation v. Separation of Power Conundrum
- Whether Judges Find Law Or Make The Law
- Dichotomy of Opinion: Conservative Versus Activist Judges
- Executive and Legislature Criticism on Judicial Legislation
In 19th century English Jurists Bentham and Austin created classical positivist jurisprudence, while Bentham’s legal philosophy “utilitarian individualism” condemned Judge made law. Even in Austin’s theory, there is no place for Judge-made law. Later this was developed in the 20th century by Hart, Kelsen and others, who taught that lawmaking is the...
Jurisprudence of State liability established20 Rudul Sah was arrested on charges of murdering his wife in 1953, later he was acquitted by an Additional Sessions Judge, in 1968, who directed his release from jail, pending further orders. But he was not released from jail even after 14 years of his acquittal order until his plight was highlighted in ...
Indian Constitution does not strictly accept the concept of separation of power, as laid down in Ram Sahib Ram Jawaya Kapur v. State of Punjab104. It has not indeed recognised the doctrine of separation of powers in its absolute rigidity105but the functions of the different parts or branches of the Government have been sufficiently differentiated.1...
After analysing the above landmark judgments it can be inferred that Judges make law when there is a legal vacuum or no express principles of law. But when existing laws fail to provide all the resources to deliver justice or “complete justice”, Judges do tend to find the law within the framework of legislation through its interpretative techniques...
The activist approach to the Judicial legislation suggests that interpretation of the constitutional and statutory provisions in such a way to meet the then contemporary needs or to lay down a new law, be it procedure or substantive, through in the form of guidelines or orders. In contrast, in the conservative/traditional approach to the judicial l...
For instance, if we look at the Supreme Court’s order in People’s Union for Civil Liberties v.Union of India146 against corruption in the Food Corporation of India, the Union Agriculture Minister, Sharad Pawar reacted147 by sayings that it was not possible to implement the “suggestion” made. The Supreme Court made it very clear that it did not make...
When the Court convenes in public, the justices sit according to seniority. The chief justice is in the center and the associate justices are on alternating sides, with the most senior associate justice on the chief justice’s immediate right. The most junior member of the Court is seated on the left farthest from the chief justice.
Sep 8, 2023 · Sep 8, 2023. 2 min read. The Role of International Criminal Courts in Pursuit of Justice. In a world plagued by conflicts and atrocities, the pursuit of justice is of paramount importance. International criminal courts play a crucial role in holding individuals accountable for grave crimes and ensuring that justice is served.
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The First Amendment to the U.S. Constitution says, “Congress shall make no law. . . abridging the freedom of speech.”. It expresses an absolute prohibition of legislation that would deny this freedom. Constitutional protection of this fundamental civil liberty, however, has not been absolute. Congress has enacted laws limiting freedom of ...
