In Tajikistan, the people are the bearer of sovereignty and the sole source of the State power, which they exercise directly as well as through their representatives.
Tag: Constitutional law
Right to ignore the State-Harbart Spencer-1850
A good check upon that sentiment of power-worship which still misleads us by magnifying the prerogatives of constitutional governments as it once did those of monarchs. Let men learn that a legislature is not "our God upon earth," though, by the authority they ascribe to it and the things they expect from it, they would seem to think it is. Let them learn rather that it is an institution serving a purely temporary purpose, whose power, when not stolen, is at the best borrowed.
White Paper on Indian States-1948-Ministry of States GOI
The White Paper on Indian States issued on July 5, 1948, contained a survey of the developments in respect of States during the first year of the existence of the Ministry of States. During the period of a year and a half which has followed the issue of that White Paper, the policy of integration pursued by the Government of India has made further progress. The States integrated during this period include Mayurbhanj, Kolhapur, Baroda, Rampur, Tehri-Garhwal, Benaras and Cooch-Behar, which have been merged in Provinces; Bhopal, Tripura and Manipur which have been taken over as centrally administered units; Travancore and Cochin, whose Union emerges as a new unit on the Indian map; and the remaining Rajputana States of Bikaner, Jaipur, Jodhpur and Jaisalmer which have been integrated in the reconstituted United State of Rajasthan. An outstanding development during this period has been the establishment of constitutional relationship between the Centre and the State of Hyderabad.
The Law and the Constitution-1905
If the Crown is the pivot in theory, in practice its functions are delegated to the British Cabinet, and indirectly to the British Parliament. The last has two separate aspects: it is a local parliament for the British isles, and an Imperial body acting as trustee for the Empire, This doctrine of trusteeship is historically correct, and it has the merit of exactly covering the existing practic
Article III of U.S. Constitution-Judicial Department
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
What is ‘Direction’ issued by Court and its relation with Obiter Dicta
Arun Kumar Aggarwal Versus State of Madhya Pradesh and Others -Scope of the expression 'direction' issued by the Court AIR 2011 SC 3056 : JT 2011 (10) SC 167 : (2011) 9 SCALE 608 SUPREME COURT OF INDIA Arun Kumar Aggarwal Versus…
Read More What is ‘Direction’ issued by Court and its relation with Obiter Dicta
COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES – J. STORY 1833
Origin and Title to the Territory of the Colonies -Origin and Settlement of Virginia -Origin and Settlement of New-England, and Plymouth Colony - New-Hampshire
United Kingdom of Great Britain and Northern Ireland- Nature of the ‘Union’
The composite nature of the United Kingdom created by the union of the Crowns of England, Scotland, and Ireland, presents interesting points of comparison and contrast with the form of a federal union of the USA or unitary union of India. The United Kingdom is ruled by a single sovereign Parliament; but the identity of the component parts is by no means wholly lost, as will appear from a brief reference to the Acts of Union.
Constitution Bench and Constitution Court
The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Art. 143 shall be five
Restrictions and Right to Freedom
A distinction was drawn by the majority of learned Judges between negation or deprivation of a right and a restriction upon it and although it was said that restriction may reach a point where it might amount to deprivation, yet restrictions would normally pre-suppose the continued existence—no matter even in a very thin and attenuated form
Constitutional Law means
Dicey defines constitutional law as including “all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the State.” It is thus mainly concerned with the creation of the three great organs of the State, the executive, the legislature and the judiciary, the distribution of governmental power among them and the definition of their mutual relation.
Effect upon pending proceedings when an Act was repealed
A repeal will generally, therefore, divest all inchoate rights which have arisen under the repealed statute, and destroy all accrued causes of action based thereon. As a result, such a repeal, without a saving clause, will destroy any proceeding, whether not yet begun, or whether pending at the time of the enactment of the repealing Act, and not already prosecuted to a final judgment so as to create a vested right
