Category: Constitutional Law

Every political gerrymandering standard that has been proposed up until this point has been rejected by the Court. In LULAC, however, a majority of the justices were open to implement a standard, and spoke in favor of partisan symmetry. Partisan symmetry highlights the idea that “a plan should treat the major parties symmetrically” (PG and EG) when converting votes to seats. the major parties should be treated symmetrically. No plaintiff that raised gerrymandering claims has argued for a partisan symmetry test since five justices in LULAC expressed their favorability towards it. The Court’s case law prior to LULAC highlights the […]

0Symbiosis Int?rnational Univ?rsity, Pun?CONSTITUTIONAL LAW IInt?rnal ITOPIC- DOCTRIN? OF S?PARATION OF POW?RSubmitt?d by:Pulkit D?vpuraPRN-17010122069Batch: 2017-2020Symbiosis Law School, Pun?1INTRODUCTIONTh?r? is an und?rlying conn?ction b?tw??n th? principl?s of rul? of law and s?paration ofpow?r. In a syst?m gov?rn?d by rul? of law th?r? should not b? any absolut? pow?r b?ing runat th? whims of th? on?s having th? sourc? of th? sam?.515 Th?r?for? if th?r? is no sourc? ofpow?r in th? first plac?; th?n chanc?s of th? pow?r b?ing ?x?rcis?d whimsically by a bodyb?com? ?v?n l?ss and distant. Th? conc?pt of S?paration of Pow?r has b??n d?riv?d to r?duc?th? lik?lihood of gov?rnm?nt […]

The development of the British uncodified constitution lasted over 800 years. Everything haschanged since the adoption of the European Communities Act in 1972. At present, European lawsapply in the UK.In addition, the British Parliament also adopted the Human Rights Act in 1998 and transferredlegislative powers to Scotland, Wales and Northern Ireland. The Parliament of the United Kingdomalso adopted legislation establishing the Supreme Court of the United Kingdom.In today’s society, the concept of the rule of law is highly discussed topic, not only among legalexperts, but also among the general public. In general, we can claim that it is a legal […]

The Treaty of Lisbon, which is an intercontinental agreement that recompense the two treaties that form the foundation of the European Union constitution is silent about the supremacy principle of the law of European Union over the national law. Nonetheless, the 17th declaration was attached to the Lisbon Treaty to this effect . There can be an explicit perspective on the question of supremacy of EU law over conflicting national laws: “precedence, under the supremacy principle, must always be bestowed to the Community law over disagreeing national law but framed and containing states constitutional provisions” . As it is widely recognized, […]

Plaintiff-appellee William Whitford challenged a map drawn by the Wisconsin Legislature on the ground that the districting constitutes an unconstitutional political gerrymander. A federal court struck the plan down last year, concluding that it violated the Constitution for being a product of partisan gerrymandering, the practice of deliberately drawing districting lines to favor one party and put another at a disadvantage. In over forty years, a Republican majority was elected by the Wisconsin voters, in 2010, in both the state assembly and the senate. The state Assembly districts were then redrawn in 2011 by Republican legislators. The mapmakers developed a […]