Fundamental - Law Dictionary Search Results
Home Dictionary Name: fundamentalFundamental right
Fundamental right, is protected and guaranteed by the written Constitution of a State, Commentary or the Constitution of India, Vol. 1, p. 126.Part III of the Constitution deals with fundamental rights. These are paramount to ordinary State-made laws, A.K. Gopalan v. State of Madras, 1950 SCR 76.Any State Act, which is repugnant to such rights is void, Mahendra v. State of Uttar Pradesh, AIR 1963 SC 1019.Fundamental rights, a right becomes a fundamental right because it has foundational value. Fundamental right is a limitation on the power of State. If is not to be regarded as a gift from State to its citizens but possessed by an individual independently by reason of basic fact that they are members of human race, M. Nagaraj v. Union of India, 2006 (8) SCC 212: 2006 (9) JT 191: 2006 (10) SCALE 301: 2006 (8) Supreme 89: 2006 (8) SLT 1: 2006 (8) SCJ 457 [Constitution of India, Arts. 14 to 30]...
fundamental right
fundamental right : a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution) NOTE: A court must review a law that infringes on a fundamental right under a standard of strict scrutiny. A fundamental right can be limited by a law only if there is a compelling state interest. ...
Fundamental duties
Fundamental duties, are certain obligations on the part of a citizen which he or she owes towards the State so that the individual may not overlook his duties to the community while exercising his fundamental right or commit wanton destruction of public property or life, Shorter Constitution of Durga Das Basu, p. 465.Since they are not addressed to the State, a citizen cannot claim that he must be properly equipped by the State for performing his fundamental duties, Head Masters, Association, West Bengal v. Union of India, AIR 1983 Cal 55....
fundamental error
fundamental error see error ...
fundamental fairness
fundamental fairness 1 : the balance or impartiality (of a court proceeding) that is essential to due process 2 : a subjective standard by which a court proceeding is deemed to have followed due process ...
Bandh
Bandh, the distinction drawn between a 'Bandh' and a call for general strike or 'Hartal' is well made out with reference to the effect of a 'Bandh' on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction it can be concluded that there cannot be any right to call or enforce a 'Bandh' which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways, Communist Party of India(M) v. Bharat Kumar, AIR 1998 SC 184: (1998) 1 SCC 201. (Constitution of India, Art. 19)...
Due 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 ...
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...
High energy physics
the branch of particle physics which studies collisions of particles accelerated to such high energy that new fundamental particles are generated in the process The creation of new particles of very high energy is required to permit the study of the most fundamental relations between forms of matter so as to understand the fundamental nature of matter The high energies also reproduce the high temperature conditions at the earliest phase of the big bang allowing generation of some data relevant to understanding the nature and evolution of the universe...
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...
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