INTRODUCTION Ownership is a relation between a person and a thing that is the object of Ownership. It is also a relation between a person and a right vested in him. The concept of Ownership is both of legal and social interest. It came into existence when people began to think about mine and theirs. … Read more
INTRODUCTION The US Constitution is the government’s primary instrument and the land’s supreme law. For two centuries, it has guided the evolution of government institutions and has provided the basis for political stability, social progress, and economic growth. The present Constitution of the USA was adopted at the Philadelphia Convention held in 1787. It came … Read more
INTRODUCTION In Islamic criminal law, every person, irrespective of any distinction of nation, rank, caste or creed, is liable to the punishment provided an offence is proved against him. If successful, the legal consequences of criminal proceedings are several penalties provided in the form of Hadd and Tazir. ISLAMIC THEORY OF CRIMINALITY (a) The … Read more
INTRODUCTION The US Constitution is written. It is rigid. The reason for its rigidity is that its amendment process is challenging and complicated. A unique method is required to amend this Constitution. Only 26 modifications have been made to the Constitution so far in the history of the US Constitution. PROCEDURE OF AMENDMENT Article … Read more
INTRODUCTION Montesquieu’s theory of separation of powers advocates dividing governmental authority into three branches: legislative, executive, and judicial. Passion is the cruellest when it is most concentrated and least brutal when diversified. The way to avoid the abuse of power by governmental agencies is to divide the political power and vest it into the hands … Read more
INTRODUCTION The framers of the American Constitution were aware of the defects of the theory of separation of powers. They modified the system of separation of powers by a system of checks and balances to make authorities limited, controlled, and defused. MEANING OF CHECKS & BALANCES It is the theory of governmental power and … Read more
Introduction Human rights law is a cornerstone of international law, dedicated to safeguarding every individual’s inherent rights and freedoms, regardless of their background or nationality. We will delve into human rights law, examining its historical evolution, fundamental principles, international instruments, enforcement mechanisms, challenges, and progress in pursuing a more equitable and just world. Evolution … Read more
Introduction Alternate Dispute Resolution (ADR) is a powerful and versatile approach to resolving conflicts and disputes without resorting to traditional courtroom litigation. ADR offers a pragmatic and cost-effective way to address disputes, making it an invaluable tool in today’s legal landscape. In this comprehensive guide, we will delve deep into the world of ADR, exploring … Read more
INTRODUCTION In olden times, people were not well aware of their fundamental rights and did not know how to seek remedies if such rights were infringed. But in modern times, the concept of due process of law seems to be a natural and only human approach. Now, people are well aware of their fundamental rights … Read more
INTRODUCTION The U.S. Constitution provides fundamental rights to individuals in the Bill of Rights. Though these were not embodied in the original Constitution, they were inserted in the shape of the first ten amendments. The Bill of Rights, i.e. the first ten amendments, was proposed in 1789 and ratified in 1791. FREEDOM OF RELIGION, … Read more
INTRODUCTION The Supreme Court of the USA has the power of judicial review and declares any law passed by Congress as null and void if it Contradicts the provisions of the Constitution. The Constitution has not expressly given this power to it, but the Supreme Court has acquired it through its interpretations of the Constitution. … Read more
INTRODUCTION The Supreme Court is the third branch of the federal government. The judiciary consists of a system of Courts headed by the Supreme Court and including subordinate courts throughout the country. The judicial system in the USA is unique in several ways. It was the first federal system in the world. COMPOSITION OF … Read more
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