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Blog of the International Journal of Constitutional Law
Home Posts tagged "India"
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Indian Court Recognizes Rivers as Legal Entities

—Vrinda Narain, Associate Professor and Associate Dean Academic, Faculty of Law, McGill University On March 20, 2017, the Uttarakhand High Court in Nainital, India, ruled that the rivers Ganges and Yamuna are legal entities.[1] This remarkable decision came just five days after the New Zealand Parliament passed a Bill recognizing the Whanganui River as a

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Published on June 13, 2017
Author:          Filed under: Developments
 
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Naz Foundation III

—Rosalind Dixon, Professor of Law, UNSW Australia Faculty of Law; Rishad Chowdhury, Partner, Verus Advocates, Delhi. The Indian Supreme Court is soon likely to hear Curative Petitions challenging its judgment in the Naz Foundation case [available at http://judis.nic.in/supremecourt/imgs1.aspx?filename=41070], which reversed the judgment of the Delhi High Court partially striking down Section 377 of the Indian

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Published on May 16, 2014
Author:          Filed under: Developments
 
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Crown Immunity After the End of Empire in Hong Kong and India

—Christopher Forsyth & Nitish Upadhyaya, University of Cambridge Cross-posted from the Blog of the UK Constitutional Law Group Crown Immunity is a recondite branch of Public Law that seldom makes an appearance in the Law Reports but it does potentially raise grave constitutional issues. It is surely ‘fundamental to the rule of law that the

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Published on November 5, 2013
Author:          Filed under: Analysis
 
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

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Published on June 10, 2013
Author:          Filed under: Analysis
 
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter

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Published on February 2, 2013
Author:          Filed under: Developments