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Page-4 of Archives: September, 2014

What is the main theme of Stammler’s theory of natural law?

The main theme of Stammler’s theory of natural law is to provide a standard for determining the justice of a given law. According to him ‘’all positive law...

September 28, 2014

Why did Stammler ridicule the efforts of setting out a body unchangeable valid rules of universal application?

Stammler ridiculed the efforts of setting out a body unchangeable valid rules of universal application and proclaimed that there cannot be universal rules because content of such rules...

September 28, 2014

Who was Rudolf Stammler and to what extent are his views similar to that of Kant?

Rudolf Stammler (1856-1938) was a professor of Roman law in various German universities and he attained distinction of being a neo-Kantian. Like Kant he rejected the natural lawyers’...

September 28, 2014

What led to the revival of natural law?

Towards the end of the nineteenth century, a revival of the ‘natural law’ theories took place. The two main reasons which led to the revival of natural law...

September 28, 2014

Anti-Defection

The Anti-Defection Law in India is a constitutional mechanism designed to curb political defections by legislators and ensure stability, discipline, and integrity in the functioning of legislative bodies....

September 28, 2014

What is the constitutional provision relevant for solving the questions of repugnancy between a Central law and a State law?

According to Article 254(1), if any provision of a State law is repugnant to a provision in a law made by Parliament which it is competent to enact,...

September 28, 2014

Composite legislation

Composite legislation refers to a law or statutory framework that brings together various related provisions or legal aspects into a single, unified piece of legislation. Instead of addressing...

September 28, 2014

Civil Proceedings

Civil proceedings refer to the legal process through which private disputes between individuals, organisations, or government bodies are resolved in a court of law. Unlike criminal proceedings, which...

September 28, 2014

Stare decisis

Stare decisis is a fundamental legal doctrine meaning to stand by things decided. It refers to the principle that courts should follow established precedents when making decisions in...

September 28, 2014

Colourable Exercise of Power

Colourable Exercise of Power is a constitutional and legal doctrine which refers to the misuse or disguised application of authority by a legislative or executive body, appearing lawful...

September 28, 2014

Evolution of the Basic Structure Doctrine

The evolution of the Basic Structure Doctrine in India represents one of the most remarkable developments in constitutional jurisprudence, highlighting the dynamic interaction between the legislature and the...

September 28, 2014

Golaknath v. State of Punjab (1967)

The case of Golaknath v. State of Punjab (1967) is one of the most landmark judgments in Indian constitutional law, primarily addressing the power of Parliament to amend...

September 28, 2014