The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the
Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, birth place, religion, caste, creed, sex, gender, and equality of opportunity in matters of employment. They are enforceable by the courts, subject to specific restrictions. (Full article...)
Thomas Jefferson Hogg (24 May 1792 – 27 August 1862) was a British barrister and writer best known for his friendship with the Romantic poet Percy Bysshe Shelley. Hogg was raised in County Durham, but spent most of his life in London. He and Shelley became friends while studying at University College, Oxford, and remained close until Shelley's death. During their time at Oxford they collaborated on several literary projects, culminating in their joint expulsion following the publication of an essay titled "The Necessity of Atheism". They remained good friends, but their relationship was sometimes strained because of Hogg's attraction to the women who were romantically involved with Shelley.
Hogg became a barrister and met Jane Williams, who had become a close friend of Percy Shelley's shortly before the poet's death. Jane became Hogg's common-law wife and they had two children together. The family settled in London, although Hogg's legal career meant that he often had to travel away from home.
While living in London Hogg made the acquaintance of several well-known writers, and he published literary works of his own. He studied Greek literature for much of his life and published several articles on the subject, including two entries in the Encyclopædia Britannica. Most of the fiction he wrote was poorly reviewed. His best-known literary work was The Life of Percy Bysshe Shelley, an unfinished biography of the poet. Although the book was well researched and painted a clear picture of Shelley as a young man, it was criticised for portraying him negatively.
Hogg was well connected with Whig politicians. He received an appointment to a government commission on municipal corporations and became a revising barrister. His legal career was moderately successful, but he was often frustrated by his failure to attain his goal of becoming a professor or judge. Nevertheless, he was able to provide for his family thanks to an inheritance and the income from his legal career. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)
The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights, instigated by the country's movement for human rights and freedoms that emerged after World War II. As a federal statute, the Bill of Rights could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. The relative ineffectiveness of the Canadian Bill of Rights motivated many[who?] to improve rights protections in Canada. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.
The Charter greatly expanded the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Canadian Bill of Rights. Canadian courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism. The Charter, however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the electorate and criticisms by opponents of increased judicial power. The Charter applies only to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. (Full article...)
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