...essence of the Indian freedom movement had been to establish a pluralistic Indian society which would with open arms accommodate and enhance India’s multi-cultural, multi linguistic and multi religious identity. Even during the period when political antagonism between the Congress and Muslim League where gaining concrete grounds and the storm clouds of partition of the Indian state were hovering heavy over the Indian motherland, what the framers of the constitution could only ensure as solace to the weeping mother of the parting sons was that the new India would essentially be a secular state but with a notion of secularism different from the western model of secularism which...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Was the Maryland law unconstitutional towards the Bank of the United States, under Article I, Section 8, of the constitution, to tax the Bank? (2) Background information: The Bank of the United States was not chartered within the Maryland state which caused Maryland to impose a burdensome tax on the Bank. The Bank’s Baltimore branch would not pay the tax, and Maryland sued James McCulloch. James McCulloch soon appealed to the U.S. Supreme Court. The U.S. Supreme court examined the case in 1819. Once they examined the case the court ruled that the Maryland tax was unconstitutional, while the Bank of the United States was constitutional. There was questioning in Article I, Section 8, which was if the congress had the power, and it was proper and...
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...EUROPEAN COURT OF HUMAN RIGHTS 608 10.11.2005 Press release issued by the Registrar GRAND CHAMBER JUDGMENT LEYLA ŞAHİN v. TURKEY The European Court of Human Rights has today delivered at a public hearing its Grand Chamber judgment[1] in the case of Leyla Şahin v. Turkey (application no. 44774/98). The Court held: • by sixteen votes to one, that there had been no violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights; • by sixteen votes to one, that there had been no violation of Article 2 of Protocol No. 1 (right to education); • unanimously, that there had been no violation of Article 8 (right to respect for private and family life); • unanimously, that there had been no violation of Article 10 (freedom of expression); • unanimously, that there had been no violation of Article 14 (prohibition of discrimination). (The judgment is available in English and French.) 1. Principal facts The applicant, Leyla Şahin, is a Turkish national who was born in 1973. She has lived in Vienna since 1999, when she left Istanbul to pursue her medical studies at the Faculty of Medicine at Vienna University. She comes from a traditional family of practising Muslims and considers it her religious duty to wear the Islamic headscarf. At the material time she was a fifth-year student at the faculty of medicine of Istanbul University. On 23 February 1998 the Vice-Chancellor of the University...
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...I Paper - II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law in the making by C.IZ. Allen 10. 1300ks on Constitutional Law in India and...
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...A common debate between Democrats and Republicans, the topic of same-sex marriage has spread across America since 1969. Yet in the small town of Lakewood, Colorado, it runs even deeper than politics- it’s a matter of constitutional rights. In the case Masterpiece Cakeshop, LTD. v. Colorado Civil Rights Commission, the Supreme Court must look on either side of the debate to decide who’s civil rights were violated- a devout Christian’s, or a same-sex couple’s. Whose side will they rule out? Well, due to precedent cases, it can be determined that the Supreme Court will rule that the couple’s rights were violated through the Fourteenth Amendment. In July 2012, Charlie Craig and David Mullins went to Petitioner Masterpiece Cakeshop, a Colorado bakery, in search of a wedding cake. However the owner, Jack Phillips, denied their request as he believed creating a same-sex cake would contradict his religious beliefs....
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...population, presents no great risks, and does not infringe on constitutional rights; yet on the other side are the parents who believe vaccinations are harmful, present large risks, and infringe on legal rights. One reason that some parents are skeptical towards vaccines are the risks associated with getting them. The CDC claims that serious side-effects associated with vaccinations are rare, however mild side-effects such as headaches and soreness occur more often (CDC). For example, the DTaP shot can cause redness or swelling near the shot area for one out...
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...------------------------------------------------- Religious intolerance Contents * 1Definition * 2Historical perspectives * 3Contemporary attitude and practice * 4See also * 5References * 6Further reading * 7External links ------------------------------------------------- Definition The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs are incorrect does not in itself constitute intolerance (i.e., ideological intolerance). Religious intolerance, rather, is when a group (e.g., a society, religious group, non-religious group) specifically refuses to tolerate practices, persons or beliefs on religious grounds. ------------------------------------------------- Historical perspectives According to the 19th century British historian Arnold Toynbee, for a religious establishment to persecute another religion for being "wrong" ironically puts the persecuting religion in the wrong, undermining its own legitimacy.[1] ------------------------------------------------- Contemporary attitude and practice The constitutions of some countries contain provisions expressly forbidding the state from engaging in certain acts of religious intolerance or preference within its own borders, examples of such include The First Amendment of the United States Constitution, the Article 4 of the Basic Law of Germany, Article 44.2.1 of the Constitution of The Republic of Ireland, Article 40 of the Estonian Constitution...
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...the workplace, religious exceptions should be allowed in the workplace because in accordance with Relativism it is in our culture to follow the constitutional right of freedom of religion, in accordance with utilitarianism the majority of people have some religious conviction that interferes with work, and in accordance with deontology we have a duty to uphold a persons constitutional right to freedom of religion. As the workplaces is continuing to become a more diverse place, religion is becoming a major workplace issue. Employees of diverse religious backgrounds may request accommodations to practice their own daily religious activities or to follow their own religious beliefs. Under the Title VII of the Civil Rights Act, employers must allow reasonable accommodations for religious requests that are based specifically on employees' sincerely held religious beliefs or practices unless is so doing it would impose an particularly undue hardship on the business and its operations. In addition, employers must make sure that their employees are not harassed or discriminated against on the basis of religion (Levy, 1). Freedom of religion takes many forms in the workplace. For example: Sikhs may feel a religious obligation to wear a turban at work. Male Muslims may wish to wear a beard, Wiccans may want to work on a Christian holiday in exchange for having one of their sabbats off work, a Jew might want to leave work early on Friday night to attend a religious service, in exchange...
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...the theories and practice of absolutism and constitutional monarchy during the 17th century. The seventeenth century saw the evolution of two new types of government mainly because of the instability that was caused by religious wars. One type of government was a constitutional monarchy in which rulers were confined to the laws of the state, giving the people some liberties, best exemplified by William and Mary during the Stuart monarchial rule. Constitutional monarchy was successful in mainly in England because of the Magna Carta, which kept the king’s power in check. The other type was absolute monarchy, in which the king has power over everything, shown by the French under Louis XIV. Although these two different types of monarchies had some similarities, ultimately the constitutional monarchies were more successful because they allowed civilians to have more freedoms in everyday life and made the government less prone to rebellion. Though the systems of government differed in monarchial power, there were many similarities. Both constitutional and absolute monarchies were headed by single rulers, which allowed for some sort of corruption through their power. Since they usually ruled for life, rulers were able to spend large sums of money for personal gain as shown by Louis XIV with his palace of Versailles. To be effective, monarchs had to find ways to control the treasury, maintain a standing army, control religious protests, and expand a bureaucracy as shown...
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...Religious Freedom in the Constitution’s First Amendment, it reads; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. At one time Americans weren’t a strong believer of freedom of religion. Pilgrims came to the Mayflower more than half a century, the French Protestants known as Huguenots, in Fort Caroline where they settled their colony near Jacksonville, Florida. Spanish people occupied much of Florida who were Catholic’s which murdered the Huguenots at Fort Caroline. Written sighs by the Spanish commander to the king as for why the settlers were hung stated “Scattering the odious Lutheran doctrine in these provinces”. A puritan dissident, Roger Williams in 1963 who was forbidden...
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...First Amendment Paper Denard Benton HIS/301 Dick Ecott Sep 23, 2011 In this paper I will be discussing three court cases cases concerning the first amendment of the Constitution of the United States. For each of these cases, I will answer three questions about why they were important and how they are relevant to today’s society. The first question I will get into is to what extent the Constitution protects the right to privacy. Why did each case need to be heard and interpreted by the Supreme Court? And how does the Supreme Court’s decision in each case continue to affect the rights of American citizens today? The first topic I will get into is concerning the burning of the United States Flag. In 1990, the case involving the United States v. Eichman, when a man burned a United States flag in political protest. The individual who burned the flag knew he would seriously offend onlookers by doing so. In 1989, congress passed the Flag Protection act. This act criminalizes the conduct of anyone who “knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon” a United States flag, except conduct related to the disposal of a worn or soiled flag. Appelees were prosecuted in district courts for violating this act. Even after this was passed, protestors of the government knowingly burned flags against policies and other beliefs. Some protestors burned the flag just because the act was passed. During these cases, the appellees moved...
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...Homosexuals should be allowed to marry because the disallowance of it violates their constitutional rights. Marriage is an institution long recognized by our government under the right to pursue happiness, and denying that right to any couple, regardless of gender, is unconstitutional. This argument, though, is not disputed. In fact, none of the arguments raised in opposition to the allowance of homosexual marriages takes into account the constitutional rights afforded to all humans. The arguments are only in relation to the possible repercussions (real or imagined) of granting these rights. Our nation was built and has always been based on the fundamental principles of freedom expressed in the Declaration of Independence and through our Constitution. The opponents of homosexual marriage need to remember what freedom means to America, and understand the significance of setting a precedent that denies that freedom. The Supreme Court has long recognized that the institution of marriage is one of the rights guaranteed to all Americans by our Constitution. Banning same-sex marriage is discriminatory. Marriage is a basic human right and should not be denied to any individual. At various times in U.S. history, other minorities have been prevented from marrying: African-Americans, for example. Interracial marriage was also legally prohibited in various states, until the Supreme Court ruled such bans unconstitutional in 1967 ("Should Gay" 31). At this time, however, marriage is only...
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...may exist, it is the legal and constitutional responsibility of the government to legalize homosexual unions) * Define marriage: The state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (Merriam-Webster) * Define civil union: Created in 2000, The legal status that ensures to same-sex couples specified rights and responsibilities of married couples (Merriam-Webster) but does not confer the same understanding as “marriage” * Constitutional * Full faith and credit clause * States must respect the “public acts, records and judicial proceedings of every other state.” This means that whether or not a state recognizes same-sex marriages, they must acknowledge those marriages of people from other states * Loving v. Virginia * “Right to marry is of fundamental importance for all individuals” * Sets precedence. Implies that some extenuating circumstances aren’t enough to bar marriage, same-sex couples should not be denied right * 1st Amendment * Provides for freedom of religion * Allows for any group to vocalize (freedom of speech) their views on marriage * Should not have any conduct on the legal aspect of union. (Separate section, imperative to mention it under constitutional rights * 14th Amendment * Due Process * Fundamental rights of citizens * Prohibition...
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...Module 2: Religious Issues Module 2: Religious Issues Matt Landahl Grand Canyon University: EDA-555: Legal Issues In Education 08-15-2012 Module 2: Religious Issues The topic of religion has been a stagnant and emotional debate within the educational system since the beginning of public education as well as the first steps of the constitution. The Constitutional First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.” With this saying citizens feel it is their constitutional right to practice religion or prayer in any setting including public schools. Several issues that arise in the public schools are; saying God in the Pledge of Allegiance, vaccinations of students, and student led religious activities in the public school setting. These issues have led to many debates and court cases. Religion will be an ongoing controversy in public schools since there are different interpretations of the Constitutional Amendments. It is imperative for an administrator of the school to know and understand the laws, to stay neutral, and to seek legal advice when dealing with separation of church and state One of the most controversial issues in the United States and public schools is the use of the word God in the Pledge of Allegiance. This debate dates as far back at 1892 when Francis Bellamy wrote the pledge without the words “under god”...
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...Format) A new religious group has formed in the city of Boulder that worships mountain peaks. The members of this group believe that the way to spiritual fulfillment is to live in public parks, worship the nearby mountains, and sell jewelry that the members make from rocks and trees found in the park. The city has forced the members to leave the parks at night due to an ordinance prohibiting overnight camping in the parks. The city has also ordered the members to stop advertising and selling their jewelry in the park to comply with a park rule prohibiting the placement of signs in the park by private individuals. The signs read, “Buy the most sacred jewelry around. It’s also beautiful and reasonable priced. Profits help further the worship of the mountains.” In protest, the members also made T shirts which say, “Replace the members of the city council! They are unholy and incompetent!” The city passed a resolution prohibiting persons from criticizing city officials in the city parks. The members of the group challenge the constitutionality of the city’s actions under equal protections, freedom of religion, and freedom of speech. Discuss the arguments each side would raise under each of the challenged actions of the city. Issue Spotting Is the resolution passed by the city an infringement of the freedom of religion, equal protections, and freedom of speech? Rule Freedom of speech is the political right to communicate ones ideas through speech Freedom of religion...
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