As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
The power of judiciary to review and determine the validity of a law or an order may be described as the powers of Judicial Review. The Constitution of India is the supreme law of the land. The Supreme Court of India has the supreme responsibility of interpreting and protecting it. It also acts as the guardian-protector of the Fundamental Rights of the people. For this purpose, the
The dualist point of view also emphasizes the phrase that the state is supreme in its definite territory and the people on its jurisdiction. All decisions must follow the municipal law or the constitution because it protect and preserve the national security and general welfare of the state. In my own understanding, the dualist point of view is giving respect to the concept of sovereignty and its practicality in the laws. But it doesn’t mean that municipal law
Parliamentary Sovereignty is a major principle of the UK constitution. This means that parliament is the supreme legal authority and has the power to both make and break laws. Generally speaking no court, including the highest court in the land- the Supreme Court, has the power to overrule its legislation. Instead, it is the job of the Supreme Court to interpret and develop the law where necessary. This provides proof that the UK courts are subordinate to parliament.
These laws are made by government officials. Laws must be obeyed by all. Laws set out standards, procedures and principles that must be followed. Law is the binding rules of conduct meant to enforce justice and prescribe duty or obligation, and derived largely from custom or formal enactment by a ruler or legislature. These laws carry with them the power and authority of the enactor, and associated penalties for failure or refusal to obey.
Thus, the “elastic clause” is considered to make the constitution quite flexible as there is no specific power that is excluded from this clause once it falls within the range of responsibilities that have already been assigned to Congress in the constitution. To add to this further, this clause is considered to be the source of a vast majority of federal law, once again demonstrating that it does in fact provide a certain level of flexibility to the US constitution. Many, if not most, of all the laws in the US that establish the general working of the government, as well as other laws ranging from antidiscrimination to labour laws, are all enacted under the authority of the “Elastic Clause” (Lawson and Siegal, 2017). This clause gives weight to the laws that are unspecified in the constitution, but undoubtedly fall within the jurisdiction of
The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government. This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty.
‘Freedom of Speech and Expression’ as a Fundamental Right in India The Constitutional Perspective N. Victoria Research Scholar Department of Law, S.P.M.V.V. Tirupati. Abstract: The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government.
Historically, the Reid Commission 1957 recommended the insertion of the fundamental rights which now appear in the Constitution (Harding 1996, p. 34). The Reid Commission 1957 sought the fundamental individual rights as an essential element for a democratic country. For instance, the guarantees of fundamental liberties of Malaysians in the Federal Constitution cannot be taken away recklessly. In Malaysia, the human rights have been incorporated in Part II of the Federal Constitution. Some of the fundamental liberties guaranteed by the Federal Constitution are: (i) liberty of the person under Article 5, (ii) the prohibition against forced labour and slavery under Article 6, (iii) the protection against repeated trials and retrospective criminal laws under Article 7, (iv) the rights to equal protection of the law and equality before the law under Article 8, (v) the rights to freedom of movement and prohibition of banishment under Article 9, (vi) the rights to freedom of speech, association and assembly under Article 10, (vii) the rights to freedom of religion under Article 11, (viii) the rights in respect of education under Article 12, as well as (ix) the rights to property under Article 13 (Tan Sri Arifin Zakaria
Article 4(1) of the federal constitution states that Federal Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. The Constitution is divided into 14 parts and 13 Schedules. Each part and schedule contain relevant articles. The function of federal constitution is to coordinate the ruling of a country. Besides that, Federal constitution also play an important role in provide security to the people and as guideline of formation of laws.