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This is the third of seven introductory articles on the relevance for constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independence and...
This is the fourth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarat...
This is the second of five introductory articles on the relevance for U.S. constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independenc...
Explore how Indian courts apply the doctrine of proportionality to assess the validity of State action affecting fundamental rights and freedoms.
A Constitution that divides power among three branches and between the federal government and the states needs an umpire. Politicians, responding either to their own interest in ex...
Some provisions of the Constitution enjoy far more attention than others. At the Supreme Court, for example, it is a rare term that doesn’t have a case involving the First, Second,...
The Constitution is the foundation of law in America. It is the Supreme Court’s job to decide if laws from Congress agree with the Constitution. The president’s job is to see that...
This is my first article for SCOTUSblog, and I want to explain why I have chosen the header Born Free and Equal for my column. The phrase is derived from the Declaration of Indepen...
This beautiful piece of paper constitute of some very important words like Sovereign, Democratic, Republic, Justice, Liberty, Equality, and Fraternity. Living in a democratic count...
Article 368 , listed in the Part XX of the Constitution, gives power to Parliament to amend the Constitution through 2 methods . Firstly, Amendment by Special Majority of 2/3rd mem...
A potential new approach to state constitutional law.
Supreme Court is strengthening the world’s greatest governing charter
Philip Hamburger explores the implications of a major recent US Supreme Court ruling. When Donald Trump fired a Joe Biden–appointed member of the Federal Trade Commission, Rebecca...
States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will. The post S...
So the Fifth Circuit held a few weeks ago.
The Supreme Court of Canada on Thursday ruled unanimously that a partial privative clause cannot bar judicial review on questions of fact and law. It held that judicial review of s...
Vincent Rougeau, President of the College of the Holy Cross and former dean of Boston College Law School, has penned a provocative essay in America: The Jesuit Review wondering whe...
Canadian rights groups on Monday filed an urgent challenge to the constitutionality of Ontario’s mandatory cash bail policy. The challenge argued that the provincial policy violate...
Note: This is the fourth in a series of research briefs discussing rational basis review, a judicial doctrine that shields economic regulations from constitutional challenges. Part...
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely. The post Commandeering...
When you lack historical context, refuse to read the Constitution for yourself, and instead listen to right-wing provocateurs, this is how you end up disappointed—and how you end u...
Where South Carolina’s absentee voting-by-mail rule discriminates against persons under the age of 65, it violates the 26th Amendment. Background Section 7-15-320 of the South Caro...
Jaising conceptualises the Constitution as a site of belonging
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