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Full-Text Articles in Law
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Michael A Helfand
Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …
Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar
Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Permissibility Of Courts To Imply Words Into Constitutions, Linus Koh
Permissibility Of Courts To Imply Words Into Constitutions, Linus Koh
Linus Koh
In this article, the writer compared the approaches taken by the Singapore Court of Appeal and the Malaysian Federal Court as to the permissibility of courts to imply words into their constitution. While the two cases of Chee Siok Chin v Minister for Home Affairs and Dr Mohd Nasir bin Hashim v Menteri Dalam Negeri Malaysia (“Nasir”) were essentially interpreting what was on paper similar provisions, the holdings were completely dissimilar. The question is why. The ensuing discussion will attempt to discover the reasons behind the different approaches taken and also explore the extent to which it is permissible for …