Constituent Power - Law Dictionary Search Results
Home Dictionary Name: constituent powerConstituent power
Constituent power, the expression 'constituent power' is used to describe only the nature of the power of amendment. Every amending power, however large or however small it might be, is a facet of a constituent power. The power, though described to be 'constituent power', still continues to be any 'amending power'. The scope and ambit of the power is essentially contained in the word 'amendment'. Hence, from the fact that the new Article specifically refers to that power as a constituent power, it cannot be understood that the contents of the power have undergone any change, Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 (488): AIR 1973 SC 1461. [Constitution (Twenty Fourth) Amendment Act, 1971, s. 3(b)]...
Constitution
Constitution, any regular form or system of government. Also a particular law, ordinance, or regulation made by the authority of any superior; as the Novel Constitutions of Justinian and his successors; the Constitutions of Clarendon; the Ecclesiastical Constitutions, etc.Constitution and 'Organisation' as against jurisdiction and powers', words do not include words 'jurisdiction' and powers' within their scope and power of 'Constitution' and 'organisation' of the Supreme Court and High Court nests with Parliament alone, Jamshed N. Guzdar v. State of Maharashtra, (2005) 2 SCC 59.Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. A Constitution must not be construed in any narrow or pedantic sense, and that construction most beneficial to the widest possible amplitude of its power, must be adopted, India Cement Ltd. v. State of T.N., (1990) 1 SCC 12: AIR 1990 SC 85.Means the Constitution of India. [Supreme Court ...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
federalism
federalism often cap : distribution of power in a federation between the central authority and the constituent units (as states) involving esp. the allocation of significant lawmaking powers to those constituent units compare comity, full faith and credit, states' rights ...
constituent
constituent 1 : one who authorizes another to act as agent : principal 2 : a member of a constituency adj : having the power to create a government or to frame or amend a constitution [a assembly] ...
Principal and agent
Principal and agent, he who being sui juris, and competent to do any act for his own benefit on his own account, employs another person to do it, is called the principal constituent, or employer, and he who is thus employed is called the agent, attorney, proxy, or delegate of the principal, constituent or employer. The relation thus created between the parties is termed an agency. The power thus delegated is called in law an authority. And the act, when performed, is often designated as an act of agency or procuration, Story on Agency, 3. See AGENT; POWER OF ATTORNEY; VICARIOUS RESPONSIBILITY; and consult Bowstead on Agency or Wright on Principal and Agent.Principal and agent, expressions 'principal' and 'agent' used in a document are not decisive. The nature of transaction is required to be determined on the basis of the substance there and not by the nomenenture use, Assam Small Scale Ind. Dev. Corporation Ltd. v. M/s J.D. Pharmacenficalse Ltd., AIR 2006 SC 131....
federal
federal [Latin foeder- foedus compact, league] 1 : of or constituting a form of government in which power is distributed between a central authority and a number of constituent territorial units (as states) [a government] 2 : of or relating to the central government of a federation as distinguished from the governments of the constituent territorial units (as states) ;esp : of or relating to the laws made and enforced by the federal government [a crime] fed·er·al·ly adv ...
state
state often attrib 1 a : a politically organized body of people usually occupying a definite territory ;esp : one that is sovereign b : the political organization that has supreme civil authority and political power and serves as the basis of government see also compelling state interest at interest, separation of church and state c : a government or politically organized society having a particular character [a police ] 2 : the operations or concerns of the government of a country : the sphere of administration and supreme political power of a country (as in international relations) [secrets of ] [affairs of ] 3 a : one of the constituent units of a nation having a federal government ;specif : one of the fifty such units comprising the great part of the U.S. see also state law b : the territory of a state ...
Limited owner
Limited owner. A tenant for life, in tail or by the courtesy, or other person not having a fee-simple in his absolute disposition. The legal estates of limited owners were reduced to equitable interests after 1925 by the (English) Law of Property Act, 1925, ss. 1 and 4. See SETTLED LAND.Limited owner commonly means a person with restricted rights as opposed to full owner with absolute rights. In relation to property absolute, complete or full ownership comprises various constituents such as the right to possess, actual or constructive, power to enjoy, that is to determine manner of use extending even to destroying, right to alienate, transfer or dispose of etc. Any restriction or limitation on exercise of these rights may result in limited or qualified ownership, Kalawatibai v. Soiryabai, AIR 1991 SC 1581 (1589): (1991) 3 SCC 410....
Gerrymandering
Gerrymandering, it is an American expression which has taken root in the English language, meaning to arrange election districts so as to give an unfair advantage to the party in power by means of a redistribution act or to manipulate constituencies generally, State of M.P. v. Devilal, AIR 1986 SC 434 (439): (1986) 1 SCC 657: (1985) Supp 3 SCR 894.The practice of dividing a geograplical area auto electoral districts, often of highly irregular shape, to give one political party an unfair advantage by diluting the oppositions voting strength, Black's Law Dictionary, 7th Edn...
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