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[7] [8] Supreme Court in E. P. Royappa (1973) provided guidance on arbitrariness of an act: "Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within the traditional and doctrinaire limits. From the positivistic point of view, equality is antithetic to arbitrariness.
Gandhi filed a writ petition under Article 32 of the Constitution of India, challenging the order on the grounds that it violated Articles 14, 19, and 21 of the Constitution. The Union responded in their written submissions that her passport was impounded because her presence was likely to be required in connection with legal proceedings before ...
During the 2005 transit strike, both the strikers and the MTA violated portions of the Taylor Law. Section 210 states that the workers are not allowed to strike; Section 201, Part 4, states that employers are not allowed to negotiate benefits provided by a public retirement fund or payment to a fund or insurer to provide an income for retirees.
Unconstitutional vagueness is a concept that is used to strike down certain laws and judicial actions in United States federal courts. It is derived from the due process doctrine found in the Fifth and Fourteenth Amendments to the United States Constitution. The doctrine prohibits criminal prosecution for laws where it is impossible to ...
President Donald Trump is seeking to end birthright citizenship, a constitutional right enshrined in the 14th Amendment. We asked two experts in constitutional and immigration law to walk us ...
Ewing was paroled in 1999, 10 months before he stole the golf clubs from the pro shop in El Segundo. [8] At sentencing on the golf club theft, the judge classified the 1993 burglaries and robbery as "two strikes" and imposed the 25-to-life sentence under California's three strikes law. [ 9 ]
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause.. Though equality under the law is an American legal tradition arguably dating to the Declaration of Independence, [5] formal equality for many groups remained elusive.