Constitutional - Law Dictionary Search Results
Home Dictionary Name: constitutionalConstitution
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 ...
constitution
constitution [Latin constitutio system, fundamental principles (of an institution), from constituere to set up, establish] 1 : the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it 2 : a written instrument containing the fundamental rules of a political or social organization ;esp cap : the U.S. Constitution see also the Judicial System and the Constitution in the back matter compare charter, declaration NOTE: A constitution was originally simply a law, ordinance, or decree usually made by a king, emperor, or other superior authority. A constitution now usually contains the fundamental law and principles with which all other laws must conform. Unlike the U.S. Constitution, the British Constitution is not set down in a comprehensive document, but is found in a variety of statutes (as the Magna Carta) and in common law. Canada inherited many of the rules and practices...
Provisions of this Constitution
Provisions of this Constitution, the expression 'provisions of this Constitution relating to' means 'provisions having a dominant and immediate connection with': it does not mean merely having a reference to, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530: (1971) 1 SCC 85: (1971) 3 SCR 9.The words 'provisions of this constitution' cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles. While construing a constitutional provision, such a limitation ought not to be ordinarily inferred unless the context does clearly so require. The provisions of the constitution include the chapter relating to Fundamental Rights, the chapter relating to Directive Principles of State Policy as also the Preamble to the Constitution, S.R. Bonnai v. Union of India, (1994) 3 SCC (I) 220: AIR 1994 SC 1918. [Constitution of India, Article 356 (1)]...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Subject to other provisions of the Constitution
Subject to other provisions of the Constitution, means that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution of India, the latter shall prevail to the extent of that inconsistency, South India Corporation Pvt. Ltd. v. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207. (See Constitution of India, Art. 372)Subject to other provisions of the Constitution, restrictions or impediments which directly and immediately impede or hamper the free flow of trade, commerce and intercourse fall within the prohibition imposed by Article 301 and subject to the other provisions of the Constitution they may be regarded as void, State of Madras v. N.K. Natarajan Mudaliar, AIR 1969 SC 147 (154). [Constitution of India, Art. 301]...
constitute
constitute 1 : to appoint to an office or function [those who are constituted heirs or named legatees "Louisiana Civil Code"] [legal authority s all magistrates] 2 : establish found [to tribunals inferior to the supreme Court "U.S. Constitution art. I"] 3 a : to put (as an agreement) into required form b : to qualify as [a letter can a will "W. M. McGovern, Jr. et al."] [failure to act may negligence] c : to form the substance or whole of [the bonds constituted the entire estate] ...
constitutional
constitutional 1 : consistent with or authorized by the constitution of a state or society [ rights] 2 : regulated by, dependent on, or ruling according to a constitution [a monarchy] 3 : of, relating to, or dealing with a constitution or its interpretation, formulation, or amendment [a convention] [ lawyers] con·sti·tu·tion·al·ly adv ...
u.s. constitution
u.s. constitution the document written by the founders of this country, which establishes the basic structure and functions of the federal government, grants certain specified rights, often called constitutional rights, to the American people, and places limits on the powers and activities of our federal and state governments. The term "U.S. Constitution" also includes its amendments. The first ten amendments to the Constitution are referred to as the Bill of Rights. Source: Federal Judicial Center ...
Clarendon, constitutions of, assize of
Clarendon, constitutions of, assize of. At a great council held at Clarendon, in Wiltshire, A.D. 1164, in the tenth year of the reign of Henry II., a code of laws was brought forward by the king, under the title of the ancient customs of the realm and known as the 'Constitutions of Clarendon'; and as Becket had solemnly promised he would observe what were really such, the king procured the principal propositions in dispute to be enacted, and declared by the council under that denomination. The main provisions of them were that clergy charged with crimes were to be tried in the civil courts, and that a justice of the king should be present in the king's courts; that no prelate was to quit the realm without the king's permission; that prelates were to be subject to feudal burdens; that the king was to hold all vacant benefices and receive their revenues till the vacancies were filled; and that goods forfeited to the Crown were not to be protected by sanctuary.As in the Constitutions of C...
constitutional court
constitutional court : a court established by a constitution ;esp : the federal courts established by Article III of the U.S. Constitution compare legislative court ...
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