Constitutional Law - Law Dictionary Search Results
Home Dictionary Name: constitutional law Page: 6Common law constitutionalism
Common law constitutionalism, the protection of fundamental constitutional right through the common law is the main feature of common law constitutionalism, I.R. COELHO v. State of Tamil Nadu, (2007) 2 SCC 1....
bona fide occupational qualification
bona fide occupational qualification : a requirement (as relating to sex, religion, national origin, or age) for a particular job that does not violate the constitutional bans on discrimination see also Civil Rights Act of 1964 and Age Discrimination in Employment Act in the Important Laws section equal employment opportunity commission in the Important Agencies section amendment xiv to the Constitution in the back matter compare disparate impact, disparate treatment ...
state action
state action 1 : an action that is either taken directly by the state or bears a sufficient connection to the state to be attributed to it NOTE: State actions are subject to judicial scrutiny for violations of the rights to due process and equal protection guaranteed under the Fourteenth Amendment to the U.S. Constitution. Such an action may be the subject of a claim brought under federal law (as section 1983) by one alleging a violation of constitutional rights, privileges, or immunities. 2 : state efforts to displace competition with regulation or a state-supervised monopoly NOTE: Such efforts are immune from antitrust liability. ...
Contingency Fund
Contingency Fund, is a fund placed at the disposal of the executive to meet the unforeseen expenditure, Dictionary of Constitutional and Parliamentary Terms, Lok Sabha Secretariate, 2005 Edn., p. 98.Contingency Fund, is established and regulated by law made by Parliament and Contingency fund of a State by the Legislature of that State, Constitution of India, Art. 267(1) and (2)...
Public mischief
Public mischief. Conduct causing or tending to cause public mischief constitutes a misdemeanour at common law. Prosecutions for this offence have become increasingly frequent of late years, and as to what constitutes the offence, see R. v. Munley, (1932) 1 KB 529 (false information to Police), Kerr v. Hill, Duncan v. Jones, (1936) 1 KB 218 (public meeting, apprehension of breach of the peace); and see Public Meeting Act, 1908 (8 Edw. 7, c. 66), and title infra....
jurist
jurist [Middle French juriste, from Medieval Latin jurista, from Latin jur- jus law] : an individual having a thorough knowledge of law ;esp : judge [the state's top violated the U.S. Constitution when he banned the filming "National Law Journal"] ...
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Balancing test
Balancing test, is a test in which opposing to rights, interest, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater. Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights, Webster's Dictionary of Law, Indian Edn. (2005), p. 42....
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
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