This document outlines 37 salient features of the American Constitution, including that it is the briefest written constitution, establishes a system of separation of powers and checks and balances, guarantees fundamental rights and an independent judiciary, and has evolved over time to expand civil rights and democratic principles such as women's suffrage and the abolition of slavery.
The American Experiment to "secure the Blessings of Liberty to ourselves and our Posterity" fleshing out through 14th Amendment, historical context, privileges and immunities clause, citizenship clause, equal protection clause, and due process clause. Illustrated through Gore v. Bush.
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The American Experiment to "secure the Blessings of Liberty to ourselves and our Posterity" fleshing out through 14th Amendment, historical context, privileges and immunities clause, citizenship clause, equal protection clause, and due process clause. Illustrated through Gore v. Bush.
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ACC560 Week 3 Homework:
Chapter 4: Activity-Based Costing
Constitutional Law
National Power and Federalism
~ Sixth Edition
~ Christopher N. May and Allan Ides
Judicial Review
§I. I INTRODUCTION AND OVERVIEW
In the constitutional law course, we study the United States Constitution as it
has been interpreted and explained by the federal courts for more than 2 0 0
years. The Constitution itself is an amazingly short document. Stripped of its
amendments, the Constitution occupies fewer than a dozen pages in your
casebook. Even with its amendments, the document is barely 20 pages long.
Yet while the Constitution itself is extremely brief, the interpretation of it
can be exceedingly complex. The bulk of your constitutional law textbook
consists of cases in which a court-usually the U.S. Supreme Court-has
been asked to decide whether certain government decisions or practices
are invalid because they violate the requirements of the Constitution . This
process by which courts rule on the constitutionality of actions taken by
federal and state officials is known as judicial review.
Judicial review is the fountain of constitutional law. This is true for
several reasons. First, the process of judicial review has created the body
of reported decisions that we think of as the law of the Constitution. When we
wish to know whether or not the Constitution allows a particular govern-
mental practice, we usually look first to previous court decisions that have
interpreted the constitutional provisions in question. Without this steadily
accumulating body of case law, we would have little definitive guidance as
to the meaning of the Constitution.
Second, it is the process of judicial review that renders the Constitu tion
binding and enforceable as law. In the absence of judicial review, the Con-
stitution would be little more than a statement of normative principles and
I . judicial Review
ideals-similar to the Golden Rule or to the Universal Declaration of 2
Rights . Public officials w ould fmd it much easier to ignore the Cons ·
and statutes that were contrary to the Constitution might still be en:
Judicial review serves as a mechanism by which public officials m ay be -
pelled to perform their duties in accordance with the Constitution.
This chapter examines the doctrine of judicial review as it was r ~
oped by the Supreme Court in the early nineteenth century. In revie,•i.:::: -3
debate surrounding the legitimacy of this doctrine, we will see that:!l __ .
in the Constitution's text specifically authorizes the federal courts to ?"
the validity of actions taken by the other branches of the federal goye....~
or by the states. Yet the historical backdrop against which judicial ~e-.-,::
emerged makes clear that the doctrine is fully consistent with th e Fmc::
conception of a balanced democracy in which abuses of p ow er ·-·-
branch may be checked or prevented by actions of the coordinate bra.:::.
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. 1. Meaning of constitution
2. Definitions of constitution
3. Various forms of constitution
4. Purposes of constitution
5. Salient features of American constitution
I. Briefest constitution
II. Written
III. Rigid (munro view)
IV. Growth of constitution
V. Enacted
VI. Division of powers
VII. Principle of compromise
VIII. Democratic constitution (view of justice stone)
IX. Fundamental rights
X. Independence of judiciary
XI. Dual citizenship
XII. Supremacy of constitution
XIII. Sovereignty of people ( james Madison view)
XIV. Due process of law
XV. Bi-cameralism
XVI. Conventions
XVII. Judicial review (dimock view)
XVIII. Secular state
XIX. Spoils system
XX. Presidential government
XXI. Bill of rights
XXII. Separation of powers (prof. Ogg view)
XXIII. Checks and balances
XXIV. Federalism
XXV. Balanced government
XXVI. Restrictions on the powers of congress
XXVII. Powerful supreme court ( Jamesback view)
XXVIII. Republican
XXIX. Growth of federal authority
XXX. Status of states
XXXI. Doctrine of implied powers
XXXII. Abolition of slavery
XXXIII. Women suffrage
XXXIV. Civil rights guarantee
XXXV. Prohibition of liquor
XXXVI. Universal adult suffrage
XXXVII. Block suffrage
XXXVIII. Simplicity of constitution
XXXIX. President veto power
XL. Party system
Subject: US Constitution
Standard: LL.B 4th
semester
Topic: Salient Features Of American Constitution
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
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