The principle of "stare decisis," meaning "to stand by things decided," dictates that courts should follow the decisions of previous cases when deciding similar cases. This ensures consistency, predictability, and fairness in the legal system by preventing arbitrary rulings.
Posted on Jun 07, 2025
In the Indian workplace, the Whistle Blowers Protection Act, 2014 provides legal protection for individuals who expose wrongdoing, particularly in public sector undertakings. This Act, alongside other employment laws, safeguards whistleblowers from retaliation and ensures a mechanism for reporting and investigating alleged misconduct.
Posted on Jun 07, 2025
Zoning laws significantly impact land use and property development by regulating the types of activities allowed on land, the physical characteristics of buildings, and the overall density of development in an area. They aim to ensure orderly growth, prevent conflicts between different land uses, and protect community values.
Posted on Jun 07, 2025
International treaties become binding on a country through a process that typically involves negotiation, signing, ratification, and entry into force. A treaty is legally binding on a country when it expresses its consent to be bound by the treaty.
Posted on Jun 07, 2025
The law allows for the use of force in self-defense to protect oneself or others from an imminent threat of harm, but it also requires that the force used be reasonable and proportionate to the threat. Generally, a person can use force if they reasonably believe they are in immediate danger. The use of force must be necessary to neutralize the threat and not exceed what is needed to stop it.
Posted on Jun 07, 2025
A felony is a serious criminal offense, typically punishable by imprisonment for more than one year, potentially leading to life sentences or even the death penalty. A misdemeanor is a less serious crime, generally punishable by jail time for less than one year, fines, or both.
Posted on Jun 07, 2025
In reviewing an agency's actions, courts must "review the whole record or those parts cited by a party." The Supreme Court has interpreted this provision to mean that, in general, "the focal point for judicial review should be the administrative record already in existence, not some new record made initially in the.
Posted on Jun 06, 2025
Judicial review in administrative law is the process by which courts scrutinize the legality of governmental actions, particularly those of administrative bodies. It is a mechanism for ensuring that administrative actions are lawful and comply with constitutional principles and applicable laws.
Posted on Jun 06, 2025
International law interacts with domestic law through mechanisms like incorporation, transformation, and direct application, influenced by theories like monism and dualism. International legal principles can be integrated into domestic law through national legislation, allowing for their application within domestic legal systems.
Posted on Jun 06, 2025
Article 356 of the Indian Constitution was designed as a constitutional safeguard to address situations where a state government fails to function according to constitutional provisions, allowing the central government to impose President’s Rule to maintain governance and uphold the constitutional order. In modern federalism, this provision can be constitutionally justified as a necessary tool to protect the unity and integrity of the nation. However, in practice, Article 356 has often been misused for political gains, with the central government dismissing elected state governments led by opposition parties under questionable pretexts. Such misuse undermines the federal structure by eroding state autonomy and democratic principles. Therefore, while Article 356 has a valid constitutional purpose, its application requires strict judicial oversight and safeguards to prevent it from becoming an instrument of political exploitation.
Posted on Jun 06, 2025
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