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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 Stateසැකිල්ල:Fn to its citizens and the duties of the citizens to the State. These sections comprise a constitutional bill of rights and guidelines for government policy-making and the behaviour and conduct of citizens.
These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions—set out in Part IV of the Constitution—are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws. (more...)
Dietrich v. The Queen was an important case decided in the High Court of Australia on November 13 1992. It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants (defendants who cannot afford legal representation) should be provided with legal aid by the state. The case determined that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented. It is an important case in Australian criminal law, and also in Australian constitutional law, since it is one of a number of cases in which some members of the High Court have found implied human rights in the Australian Constitution. (more...)
The Australia Act 1986 is an act of the Parliament of Australia (No. 142 of 1985) and the Parliament of the United Kingdom (c.2 1986) which eliminated the remaining ties between the legislature and judiciary of Australia and their counterparts in the United Kingdom. In particular, the act resolved the anomalous power of the United Kingdom's parliament to legislate over the individual Australian states, a power that it had exercised since colonial times and which had not been affected by the 1931 Statute of Westminster. (more...)
Portal:නීතිය/box-header Alfred Thompson 'Wesley' Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999) was an English jurist, judge and barrister from Hampshire, who became a Law Lord and Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales). Lord Denning was a judge for 38 years before retiring at the age of 83 in 1982. Over the course of his long career, he became renowned for the wit and commanding prose of his judgements as well as for the intellectual persuasiveness of his legal reasoning. A passionate reformer from the outset of his career, Lord Denning fathered many important concepts which would become pillars of the common law (such as promissory estoppel) and many more which would ultimately be rejected in the House of Lords (such as the doctrine of fundamental breach). (more...)
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