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.
Tag: Constitutional law
Effect upon pending proceedings when an Act was repealed
A repeal will generally, therefore, divest all inchoate rights which have arisen under the repealed statute, and destroy all accrued causes of action based thereon.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
The Constitution of Australia
WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution
Constitution is what the Judges say it is
The Constitution is what the Judges say it is. That is because the power to interpret the Constitution vests in the Judges. A heavy responsibility lies on the Judges when they are called upon to interpret the Constitution, the responsibility…
Repugnacy test of
The concept of repugnancy does not arise as far as the American and Canadian Constitutions are concerned, as there is no Concurrent List there, nor is there any provision akin to Article 254 of the Constitution of India. Repugnancy arises in the Australian Constitution, which has a Concurrent List and a provision i.e. Section 107, akin to Article 254 of the Constitution of India.
40 Descriptive Questions on Constitutional Law of India
UNSOLVED How far the Independence of Judiciary is ensured under the Constitution of India ? What are the requirements of a just legal system? Explain ideal judicial behaviour. The new dimension of ‘Right to Life - elaborate with case laws.…
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Introduction to the Study of the Law of the Constitution: Albert Venn Dicey [1915]
Albert Venn Dicey, Introduction to the Study of the Law of the Constitution [1915] Table of Contents: CONTENTSIIIPREFACE TO THE FIRST EDITIONPREFACE TO THE EIGHTH EDITIONINTRODUCTIONAIMSOVEREIGNTY OF PARLIAMENTPOSSIBLE CHANGE IN CONSTITUTION OR CHARACTER OF THE PARLIAMENTARY SOVEREIGN (EFFECT OF THE…
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Freedom of Speech and Crime of Seditious Libel
Under the law of libel, including the law of seditious libel, not merely is the author of the libel responsible. Responsibility also extends to the publisher and printer and, indeed to every vendor of the publication.
Pre-Constitution law made by a competent authority: effect of
a pre-Constitution law made by a competent authority, though it has lost it legislative competency under the Constitution, shall continue in force, provided the law does not contravene the “other provisions” of the Constitution.
South India Corporation (P) Ltd Vs Secretary, Board of Revenue, Trivandrum and another-13/08/1963
Art. 372 cannot be construed in such a way as to enlarge the scope of the saving of taxes, duties, cesses or fees. To state it differently, Art. 372 must be read subject to Art. 277. We have already held that an agreement can be entered into between the Union and the States in terms of Art. 278 abrogating or modifying the power preserved to the States under Art. 277
The position of an Additional Judge under Article 224 of Indian Constitution
The strength of every High Court is maintained at a level so as to be adequate to dispose of what may be called its normal institutions. The normal strength of a High Court must be fixed on the basis of the average annual institutions of all types of proceedings in a particular High Court during the last three years.
Maharao Saheb Shri Bhim Singhji Versus Union of India and others
There can be no scheme for nationalisation of any industry, there can be no socio-economic measures enacted if the concept of ‘just equivalent’ were to be introduced even after the 25th Amendment.
Constitutional Law
National Constitutions
Property
Article 31, like Art, 19 (1) (f), is concerned with “property.” Both the Articles are in the same chapter and deal with fundamental rights. Therefore, it is reasonable to say that the word “property” must be given the same meaning…
Advocatetanmoy Law Library 