Constitutional Law - Law Dictionary Search Results
Home Dictionary Name: constitutional lawDue process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
constitutional law
constitutional law : a body of statutory and case law that is based on, concerns, or interprets a constitution ...
Constitutional law
Constitutional law, is the law relating to the Constitutions, the rules which regulate the structure of the principal organs of government and their, relationship to each other, and determine their principal function, Wade and Philips, p. 3...
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...
Executive
Executive, that branch of the government which puts the laws into execution, as distinguished from the legislative and judicial branches. The body that deliberates and enacts laws is legislative; the body that judges and applies the laws in particular cases is judicial; and the body that carries the laws into effect, or superintends the enforcement of them, is executive. The executive authority, in all monar-chies, is vested in the sovereign.In relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted. [Industrial Disputes Act, 1947, s. 2 (gg)]It means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted. [Trade Unions Act, 1926, s. 2 (a)]The term 'executive' is used in the broader sense as including both a decision as to action and the carrying out of the decision, State of Bihar v. Sanebati Kumari, AIR 1961 SC 221 (230): (1961) 1 SCR 728. [Constitution o...
full faith and credit
full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back matter compare choice of law, comity, federalism NOTE: Unlike comity, full faith and credit is a requirement created by the U.S. Constitution and the U.S. Code. A public law or a judicial decision may not, however, be entitled to full faith and credit for specific reasons (as for having been decided by a court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. ...
Dharma
Dharma, dharma embraces every type of righteous conduct covering every aspect of life essential for the sustenance and welfare of the individual and the society and includes those rules which guide and enable those who believe in God and heaven to attain moksha (eternal bliss). Rules of dharma are meant to regulate the individual conduct, in such a way as to restrict the rights, liberty, interest and desires of an, individual as regards all matters to the extent necessary in the interest of other individuals, i.e., the society and at the same time making it obligatory for the society to safeguard and protect the individual in all respects through its social and political institutions. Shortly put, dharma regulates the mutual obligations of individual and the society. Therefore, it was stressed that protection of dharma was in the interest of both the individual and the society, A 'state of dharma' was required to be always maintained for peaceful coexistence and prosperity of all.Thoug...
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 ...
Existing law
Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution o...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
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