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Full-Text Articles in Law
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam
Shubhankar Dam
This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system - the very apparatus responsible for implementing the doctrines.
La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano
La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano
Germán M. Teruel Lozano
Master's thesis about freedom of speech in Internet and the constitutional guarantees in the control of websides content.
Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros
Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros
Maria L. Ontiveros
This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Daniel H. Erskine
This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
Maria L. Ontiveros
This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Shubhankar Dam
What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …