Liberty Clause - Law Dictionary Search Results
Home Dictionary Name: liberty clauseliberty clause
liberty clause often cap L&C : the due process clause found in the Fourteenth Amendment to the U.S. Constitution ...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
due process clause
due process clause : a clause in a constitution prohibiting the government from depriving a person of life, liberty, or property without due process of law ;specif often cap D&P&C : such a clause found in the Fifth and Fourteenth Amendments to the U.S. Constitution ...
Entrenched clause
Entrenched clause, is a section in the Constitution of some of the Commonwealth countries which can only be repealed or altered by special process and which deals with matters like the liberties of the subject, fundamental institutions of government etc., a number of the newer Commonwealth countries have included entrenched clauses in their Constitutions. The process of amending entrenched clauses varies with each Constitution and may involve a popular referendum, a fixed Parliamentary majority of two-thirds or more a system of delayed legislation or a combination of two or more such factors, Office of Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 250.Any amendment of the Constitution necessitated by a legislation by Parliament to: (a) admit or establish a new State; (b) form a new State by separation of territories from any State or by uniting two or more States etc., and (c) abolish or create the legislative Council of State, is not deemed to be an amendm...
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
Jail liberties
Jail liberties, means bounds within which a jail or prison lies and throughout which certain prisoners are allowed to move freely, usu. after giving bond for the liberties. The bounds are considered an extension of the prison walls. Historically, jail liberties were given in England to those imprisoned for debt. The prisoners will be allowed to move freely within the city in which the prison was located also spelled goal liberties. Also termed jail limits, Black's Law Dictionary, 7th Edn., p. 839....
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Claim of liberty
Claim of liberty, a suit or petition to the king in the Court of Exchequer, to have liberties and franchises confirmed there by the attorney-general....
Life or personal liberty
Life or personal liberty, the expression 'life or personal liberty' in Article 21 of the Constitution includes right to live with human dignity which would include guarantee against torture and assault by the State, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (729). (Constitution of India, Article, 21)...
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