JUDICIAL RESTRAINT A concept under which the judges power is limited to strike down a law as the proponents of judicial restraint have mostly stated that the Supreme Court has taken the position of the Legislature through its activism. It has also been argued that the Supreme Court has obviously Read more
JUDICIAL REVIEW Legislatures, one of the organs of the government, is vested with the power to make laws, which is, however, not absolute in nature. Because it does not become absolute that no one can challenge any arbitrary law, a concept known as judicial review came into existence which is Read more
LEGAL SERVICES AND LOK ADALATS It is very difficult to reach the benefits of the legal process to the poor and to protect them against injustice. Therefore, it is urgently required to introduce dynamic and comprehensive legal service programme with a view to deliver justice to the poor and needy Read more
Lok Adalat ‘Lok Adalat’ is a system of conciliation or negotiation. It is also known as ‘people’s court’. It can be understood as a court involving the people who are directly or indirectly affected by the dispute or grievance. ‘Lok Adalat’, established by the government settles dispute through conciliation and Read more
RULE OF EQUITY In law, the term “equity” refers to a particular set of remedies and associated procedures involved with civil law. These equitable doctrines and procedures are distinguished from “legal” ones. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate. In modern practice, Read more
RULE OF LAW Rule of law means “the law rules”. Rule of law refers to “a government based on the principles of law and not of men”. In its ideological sense, the concept of rule of law represents an ethical code for the exercise of public power, the basic postulates Read more
PUBLIC INTEREST LITIGATION Some of the matters which are entertained under PIL are: Genesis and Evolution of PIL in India: Some Landmark Judgements The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai. Read more
CHAPTER 4: MAJOR LEGAL SYSTEMS OF THE WORLD CHAPTER 4: MAJOR LEGAL SYSTEMS OF THE WORLD There are five basic types of legal systems in the world. They are civil law, common law, customary law, religious law, and hybrid or mixed systems. Today, mixed or hybrid systems are common. Common Read more
DEFINITION OF LAW, ITS KINDS AND CLASSIFICATIONS Introduction: The term ‘law’ denotes different kinds of rules and principles. Law is an instrument which regulates human conduct or behaviour. The term law has been derived from the Latin term ‘Legam’ which means the body of rules. LAW= DERIVED FROM LATIN WORD Read more
Some of the schools of Jurisprudence are: ANALYTICAL POSITIVISM OR ANALYTICAL SCHOOL OF JURISPRUDENCE Analytical positivism (also known as the Analytical or Imperative school of law) is the most important school of thought in jurisprudence. The analytical school of jurisprudence is one of the most renowned contributions of Austin. It, Read more