Due Process

2858 Words6 Pages
bulb-icon

Recommended: The power of american judiciary as a branch of the government

Acknowledgement I feel very happy to work on "Due Process-Procedure Established By Law-A Critical Analysis" as it is one of the important aspects in respect of Indian legal system and interpretation. It has a great effect on Indian legal and judicial system. The famous `A.K.Gopalan' case which was a precedent for the last one decade after independence.

I have tried my level best to give one real picture about the recent situation of `Due Process-Procedure Established By Law" in comparison with American Judiciary. Here I would like to give my hearty thanks to, Prof. S.S Vishveshwaraiya Faculty of Constitutional Governance, Hidayatullah National Law University, Raipur, (C.G) for giving me a chance as well as constant support for this work. At last I would like to give thanks to all other members of Hidayatullah National Law University who helped me for this work. Dyutimoy Mukherjee

Table Of Contents

Introduction

List of Abbreviations

Research Methodology

Due Process

Procedure establish by law

Comparative study between `Procedure establish by law' and `Due Process'

Constituent Assembly Debate and "Procedure establish by law"

Critical analysis

Conclusion and suggestion

Introduction

Law is the rules and regulation for the people to lead to a peaceful life. Constitution is to the supreme law over all laws, and also the law of the land. So every law had to obey Constitution.

Our constitution makers made our constitution the largest in the world. They ...

... middle of paper ...

...w must contain the essentials of fair procedure, which meant the principle of natural justice. The world `established 'did not mean prescribed it meant `institutionalized'. Such `institutionalization takes place through a long tradition or practice. The court therefore acquired the power to decide whether proper procedure was prescribed by the legislature and followed by executive.

Bibliography

Books

All India Reporter

Baxi,P.M., The Constitution of India,2003

..

..

,,

..

Dictionaries:-

(i) Oxford English Dictionary

(ii) Brayan A. Garner; Black's Law Dictionary; 7th Edn

Statutory

Constitution of India

Websites:

(i) www.findlaw.com

(ii) www.allindiareporter.com

(iii) www.manupatra.com

(iv) www.scconline.com

Show More
Related

  • Crime Control versus Due Process in Canada

    1075 Words  | 3 Pages

    One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions.

    Read More

  • Section 11(b) of the Canadian Charter of Rights and Freedoms

    2803 Words  | 6 Pages

    This essay will analyze the entire case R. v. Morin and evaluate the facts, issues, positions of the Crown and accused. The decisions made during this case and reasons that ultimately lead to the final verdict by the Ontario Court of appeal. This essay will evaluate the decision of whether the delay of the R. v. Morin and the cases that it set precedent for were valid decisions made by the court. This evaluation will describe the arguments made on both sides during these trials. It will discuss how the decision made by the court to decide the trial delay being reasonable were the correct decisions and that section 11(b) of the Charter was not violated. The essay will also discuss the court cases R. v. Godin...

    Read More

  • Criminal Law Basics

    1136 Words  | 3 Pages

    Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution. This law also governs the actions set by the United States Constitution. (Wikipedia, 2014)

    Read More

  • Civil Liberties are Constitutional Protections Against the Government

    1679 Words  | 4 Pages

    Due process is a clause present in the Fifth Amendment of the Bill of Rights and is reiterated in Section 1 of the Fourteenth Amendment. The fact that it is mentioned twice in the Constitution speaks to its importance. Due process upholds the standard that guilt must be proven and not merely assumed. Overtime most libertie...

    Read More

  • The Truth of Democracy: Why Epistemic Proceduralism May Not Be A Cure-All

    1765 Words  | 4 Pages

    While Estlund puts forth a convincing argument for the practice of epistemic proceduralism, nevertheless I hope I have shown it is not a fool-proof plan for fair justice. Instead, I believe that an adapted form of “correctness” theory should be followed, and we should strive to arrive at the best answer possible, to any question. On paper, the process of getting from A to B may be strung out, reasoned, explain, and justified. In real life, though, I say that it doesn’t much matter how we get from A to B, as long as B is the right place in the end.

    Read More

  • The Declaration of Independence After the Revolutionary War

    766 Words  | 2 Pages

    ...ate from and more powerful than statute law. However, a constitution could not be drafted by a legislature. It had to be made by the people themselves. A constitution had to be drafted at a meeting, then ratified by popular vote.

    Read More

  • The Political Theory Of The Constitution

    1057 Words  | 3 Pages

    The Constitution was made to be the code by which all Americans had to live by. It set up the laws that we, as Americans, were to live by in the United States. The law is the set of rules that we live by. The Constitution is the highest law. It belongs to the United States. It belongs to all Americans. The Constitution lists some key rights. Rights are things that all people have just because they are alive. By listing the rights, they are made special. They are made safe. The Bill of Rights is a part of the Constitution. The Bill of Rights lists many rights of the people.

    Read More

  • The Three Branches Of The Constitution In The United States

    534 Words  | 2 Pages

    The Constitution is the fundamental laws by which state or nation is organized and governed. The constitution assigns power, have

    Read More

  • Due Process Model: Ted Bundy, A Due Process Model

    1849 Words  | 4 Pages

    Ted Bundy Abbie Springer Serial killer, not really a phrase that pops into your head when you think about the “hippy” era of the 1970’s, when everything was laid back, all about happiness, and peace. Ted Bundy managed to disrupt these ideals and change ever so slightly the way people remembered a time once so focused on world peace. Ted Bundy: Who was he, what was his childhood like, what were his interests, and what led him to pursue these horrid acts? These are all the things you need to learn to try and understand when it comes to understanding killers and their motives. Bundy was born November 24th, 1946 in Burlington, Vermont to a woman who was so embarrassed of him he grew up calling her his sister.

    Read More

  • The Right to Bear Arms

    1317 Words  | 3 Pages

    all judiciary cases in which any fact is involved,) or may they act by representatives, freely and

    Read More

  • crime control

    1079 Words  | 3 Pages

    For a long time, the law enforcement agents and the judicial systems have been using the crime control and the due process models in an effort to establish and maintain justice in the society. In as much as these two models operate hand in hand, they both have similarities as well as several differences in how they operate in the judicial system. They are very effective in the judicial system because they both work towards providing justice, creating a great impact in the judicial system in the society (Edkins & Kansas, 2007). However, they have variations on their operation approaches in bringing justice to the people in the society. The reasons why at some point these two models seem to be similar is because they coil around the constitution, and the constitutional settings define their operational strategies to give comparable explanations of finding justice among the people in the society (Zalman, 2008).

    Read More

  • Use of International Law to Protect Human Rights

    1800 Words  | 4 Pages

    49 Robert McCorquodale, ‘A Future for Human Rights Law’ in Mashood A Baderin and Manisuli

    Read More

  • Fair Trial Process

    430 Words  | 1 Pages

    We live in a republic, where we have a voice on government and pay taxes to help keep aspects of our society we want to keep. These tax dollars can go to a number of places including education, architecture, social service programs, and to keep criminals off the street. In the matter of the justice system, the cost of giving a fair trial and paying for incarceration of individuals gets expensive. For capital punishment, the trial must be given in two-stages, thus increasing the amount of money needed for the trial to occur. In a state where the death penalty is active, a capital punishment trial can cost the state at least $100,000.00 more than if it were a regular murder trial (Dieter). The two-stage trial is a mandate from the federal government

    Read More

  • Contempt Of Court Case Study

    2125 Words  | 5 Pages

    In conclusion, though the media serves as a platform to relay legal proceedings, it is evident that the media can pose serious negative influences upon the accused. Undue, unjust, and misconstrued comments by media houses will eventually lead to an unfair and prejudiced trial. Hence, the media must be regulated by exerting the law of contempt of court to prevent interference in the courts administration of justice including to reprove those found in violation of the basic code of conduct. However, the media can utilize the defence options available if he/she can prove otherwise.

    Read More

  • Characteristics Of Philippine Constitution

    902 Words  | 2 Pages

    Constitution is the fundamental law of the land. It refers to the body of rules and principles which the powers of sovereignty are regularly exercised.

    Read More

More about Due Process

Open Document