Justia’s Post

Originalism is a valid interpretation of the constitution only if it is aligned with their ideology.

The judiciary often faces criticism for overstepping its jurisdiction as conferred by the Constitution. Such actions are seen as a betrayal of the Constitution and attract significant media and public attention. However, what happens when the judiciary fails to exercise its jurisdiction as conferred by the same Constitution? The answer to this question can be found in the judgment of Chief Justice John Marshall in Cohens v. Virginia. He argued that failing to exercise jurisdiction is just as much a betrayal of the Constitution as overstepping it. In his classic words, "We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the Constitution." #Judiciary #Constitution

My latest post for The Ends of Justice sketches a normative argument for constitutional originalism applicable to the Canadian context. Check it out! https://lnkd.in/exqD9BQN

The Truth About the First and Fourth Amendments Explore the misconceptions surrounding the First and Fourth Amendments in this insightful video. Understand why it's crucial to grasp these rights in the context of American democracy and the ongoing debates about individual liberties. Knowledge is power when it comes to constitutional rights! #FirstAmendment #FourthAmendment #ConstitutionalRights #LegalEducation #AmericanDemocracy #CivicEngagement #KnowYourRights #Freedom #CivilLiberties #RightsAndResponsibilities

The Constitutional Court has unanimously voted to dissolve a political party, citing its campaign proposal to amend the law as an attempt to overthrow the nation's constitutional monarchy. ⚖️ This decision underscores the court's stance on protecting the existing constitutional framework. 🏛️ #ConstitutionalCourt #PoliticalPartyDissolution #ConstitutionalMonarchy #LegalDecision #PoliticalStability #MonarchyProtection #JudicialReview #GovernmentLaws #PoliticalNews #LegalFramework #dailydawns

"For law and emotion scholars, a definitive definition of emotion is also quite often beside the point." The second essay in the Law and Emotion series by Susan Bandes on the politics of defining emotion in the death penalty discourse is now live. Go read! https://lnkd.in/gXG9gQUY

In my opinion basic structure of constitution has changed not in,black and white but also various judgments which is given by the constitutional benches of Supreme court firstly I will say that nothing in the constitution, was named like basic structures or basic doctrine of constitution, because of, just can call a interpretation of particular lines of the constitution, so why ,can not be changed the interpretation of the lines with the time of era.

Justice is a complicated concept. More than just being done, it should be SEEN to be done. The judiciary sometimes underestimates its own ability to sow anarchy. Judicial discretion shall be subject to humanity first in the ambit of constitutional values and basic structure. Sometime literal interpretation of statues not enough , there should be harmonious or beneficial construction of laws. Every statue has its particular object which is to be achieved by proper implementation along with right interpretation.

The Power of Peaceful Disagreement and Constitutional Rights Join us in an engaging discussion on the freedom to disagree and the importance of constitutional rights in public spaces. With insights from our speakers, learn how respectful disagreements can coexist with our rights to express and film in public. Embrace the dialogue and celebrate liberty! #FreedomToDisagree #CordialDisagreement #ConstitutionalRights #PublicDebate #RespectfulDialogue #RightsInPublic #ExpressYourself #CivilLiberties #PeacefulProtest #EmpowerYourVoice

With nearly 50 million cases pending across India’s courts, a recent report by the Supreme Court explains why India’s courts are overwhelmed. The report also highlights the lack of caste, gender and religious representation in the judiciary. Experts tell us why the courts are clogged with cases and why diversity is a crucial factor for jurisprudence. #India #courts #judiciary #SupremeCourt #law #justice #article14live https://lnkd.in/dZDpXuXv