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Articles 1 - 7 of 7

Full-Text Articles in Law

Lawyers And Great Expectations In Pakistan, Shubhankar Dam Nov 2007

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Shubhankar Dam

No abstract provided.


In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam Jan 2007

In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam

Shubhankar Dam

No abstract provided.


The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam Jan 2007

The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam

Shubhankar Dam

No abstract provided.


The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam Jan 2007

The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pakistani Supreme Court And Constitutional Space, Shubhankar Dam Jan 2007

Pakistani Supreme Court And Constitutional Space, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Parliamentary Privileges As Façade: Political Reforms And Constitutional Adjudication, Shubhankar Dam Dec 2006

Parliamentary Privileges As Façade: Political Reforms And Constitutional Adjudication, Shubhankar Dam

Shubhankar Dam

Does the Indian Parliament have the power to expel its members under the "powers, privileges and immunities" guaranteed by the Constitution? The Indian Supreme Court was confronted with the question in Raja Ram Pal v. Hon'ble Speaker, Lok Sabha and Others. Powers, privileges and immunities of the Indian Parliament are provided under Article 105. Supposedly based on an interpretation on Article 105(3), Sabharwal C.J., writing for the majority (Thakker J. concurring), concluded that Parliament did have the power to expel and that the same was subject to judicial review. Raveendran J. dissented. The particular privilege of the House of Commons, …


Situating The Core And Structure Of Experience In Constitutional Interpretation: Judicial Reasoning Under The Indian Constitution, Shubhankar Dam Dec 2006

Situating The Core And Structure Of Experience In Constitutional Interpretation: Judicial Reasoning Under The Indian Constitution, Shubhankar Dam

Shubhankar Dam

This article is about texts: texts of legal provisions and texts of judgments. How much does the text of a legal provision tell us about its meaning? How much does a judgment tell us about the reasons for any given meaning of the text? Rather than in the abstract, the article unfolds both these questions in the context of the Indian Constitution. More specifically, it unfolds the questions in the context of an issue of great constitutional importance the Indian Supreme Court was confronted with in B. R. Kapur v. State of Tamil Nadu and Another. Can a person convicted …