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Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits ... Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan (1996) [101] applied the principle in Maneka Gandhi.
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 ...
[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.
What is the connection between birthright citizenship and immigration? In 1898, 30 years after the 14th Amendment was adopted, the Supreme Court reached a defining decision in a case known as the ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
Article 12(1) of the Constitution states: "All persons are equal before the law and entitled to the equal protection of the law." The appellant's argument rested on the alleged arbitrariness of the ambit of section 37(1), in that it employed citizenship as a criterion.
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 ...
Roper v. Simmons, 543 U.S. 551 (2005), is a landmark decision by the Supreme Court of the United States in which the Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. [1]