LAW & Legal WoRLD (unfathomable, a journey into / to the...)
https://en.wikipedia.org/wiki/Constitutional_avoidance
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https://en.wikipedia.org/wiki/Constitutional_avoidance
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https://lawlex.org/lex-bulletin/case-analysis-i-r-coelho-v-state-of-tamil-nadu-air-2007-sc-861/10158
Q
“The view that the legislation included in the Schedule is
subject to the test of basic structure, expressed by Justice Mathew in Indira Gandhi case, found the
support of a unanimous court in Waman Rao v. Union of India. The court identified article 32
as part of the basic structure. Then citing Minerva
Mills case[vii] where
the court by a majority of 4 to 1 struck down clauses (4) and (5) of Article
368 which provided for exclusion of judicial review and unlimited amendment
power to the Parliament respectively. Judicial review held to be a basic
feature of the constitution.”
UQ
PROPERTY, INTELLECTUAL
PROPERTY & PUBLIC INTEREST >>>>>>>………………
[W]e must take care to guard against two extremes equally
prejudicial; the one, that men of ability, who have employed their time for the
service of the community, may not be deprived of their just merits, and the
reward of their ingenuity and labour; the other, that the world may not be
deprived of improvements, nor the progress of the arts be retarded.[vii]
It is an interesting journey- of inconclusive controversies ; with no ticket to pay for - li fe (-VES) >>>>>>>............................................
Basic structure doctrine
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