cover image: The Calcutta Weekly Notes  December 20  1948

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The Calcutta Weekly Notes December 20 1948

1948

'India does not seem to be in such a state of danger that formation of linguistic prvinces which should be at the foundation of the Constitution of the Union cannot be undertaken now." We do not propose to discuss in detail the arguments too often flimsy of the Committee set up by Congress. [...] of Columbia v. Okely: As to the words from Magna Carta incorporated in the Constitution of Marland after volumes spoken and written with a view to their exposition the good sense of mankind has at length settled down to this—that they were intended to secure the individual from the arbitrary exercise of the power of Government unrestricted by the established principles of private rights and [...] In McKechnie's Magna Carta p. 441 we read: " An important series of these (Statutes) passed in the reigns of Edward III and Richard II shows how the perilegem terrae' of 1215 was read in the 14th 'cetury as equivalent to the wider expression ' by due process of law ' and how the Great Charter was interpreted as prohibiting the trial of men for their lives and limbs bfore the King's Coun [...] Ambedkar speaking on the important cotroversy raised over the issue of " due prcess of law " v. " procedure established by law " explained that the former raised the question of the legislature's relation with the judiciary. [...] It sought he said to invest the judiciary with authority to exmine laws not only from the point of view of the legislature's competence but also from the broader angle of the inhere/4 " goodness " of a law.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes December 20 1948
xxiii-xxvi unknown view

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