cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India  Monday  July 11  1932

Premium

20.500.12592/sg21nc

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday July 11 1932

1932

1 of the Act says that the said Articles shall have the force of law as from the date of passing of the Act. [...] 2 of the Act says that the constitution shall be construed with refeence to the Articles and if any provision of the said constitution or any amendment thereof or of any law made thereunder is in any respect repugnant to any of the provsions of the Scheduled Treaty it shall to the extent only of such repugnancy be abslutely void and inoperative." Now among the scheduled Articles is [...] The preamble of that Act says that whereas pursuant to the Irish Free State (Agreement) Act the Irish Parliament sitting as a Constituent Assembly has drawn up a constitution apearing as the first schedule of the Consttuent Act and whereas by the Constituent Act the said constitution is made subject to the following conditions (herein are set forth the conditions as to conformity with the [...] The English point of view is that the abolition of the oath-clause from the Free State Constitution would amount to an withdrawal of the State's allegiance to the King and thus to a violation of the Treaty. [...] In the present case the question arose in the Scottish Courts and ultimately in the House of Lords for the reconciliation of the views of the superior Courts which had shown such serious conflict.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday July 11 1932
cxxxvii-cxl unknown view

Related Topics

All