query: which article provides that the constitution shall be the supreme law of the land

pos: Article Six of the United States Constitution land raised the specter of an implicit, but no less effective, religious test. John F. Kennedy, in his on 12 September 1960, addressed the question directly, saying, Article Six of the United States Constitution Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation. The first clause of the

pos: United States Constitution for equal representation of the states in the Senate. The shield protecting this clause from the amendment process is less absolute – "no state, without its consent, shall be deprived of its equal Suffrage in the Senate" – but permanent. Article Six establishes the Constitution, and all federal laws and treaties of the United States made according to it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It validates national debt created under the Articles of Confederation and

pos: Article Six of the United States Constitution Article Six of the United States Constitution Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation. The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation. Clause two provides that the

pos: History of religion in the United States time. This stood in contrast to the Federal Constitution, which explicitly prohibits the employment of any religious test for Federal office, and which through the Fourteenth Amendment later extended this prohibition to the States. Article Six of the United States Constitution provides that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States". Prior to the inclusion of the Bill of Rights, this was the only mention of religious freedom in the Constitution. The first amendment to the US Constitution states "Congress shall make no law respecting an establishment of

neg: Constitution of West Virginia Constitution of West Virginia The Constitution of the State of West Virginia is the supreme law of the U.S. State of West Virginia. It expresses the rights of the State's citizens and provides the framework for the organization of law and government. In its first Article, the clause states that ""The state of West Virginia is, and shall remain, one of the United States of America. The constitution of the United States of America, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land."" West Virginia is governed under its second and current

neg: United States v. Locke and preemtive powers in regulating interstate commerce. The court found that the states cannot pass laws that interfere with the federal government's authority over interstate commerce when a federal agency is granted exclusive jurisdiction by the United States Congress. The Supremacy Clause of the United States Constitution provides that "this Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land." The Commerce Clause in Article I Section 8 of the United

neg: Cohens v. Virginia the interpretation and application of an act of Congress. Virginia thereby asserted that it had an unreviewable right to interpret and apply (or not apply) federal law as it saw fit. The Supreme Court relied on Article III, Section 2 of the Constitution, which provides that the Supreme Court shall have jurisdiction in "all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority." The Court found that the Constitution provides no exceptions to this grant of jurisdiction for cases arising in the state

neg: Federal preemption Federal preemption In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the

neg: States' rights very little, if any, authority to overrule individual state actions. The Constitution subsequently strengthened the central government, authorizing it to exercise powers deemed necessary to exercise its authority, with an ambiguous boundary between the two co-existing levels of government. In the event of any conflict between state and federal law, the Constitution resolved the conflict via the Supremacy Clause of Article VI in favor of the federal government, which declares federal law the "supreme Law of the Land" and provides that "the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State

neg: Treaty of Point Elliott or taken away by due process" of law. Courts have ruled that the "intent of Congress to limit the sovereign powers of Indian governments by legislation must be clearly expressed in the law in order to be effective" (in legal terminology, per Saito, Georgia State University College of Law). [Emphasis added.] The U.S. Constitution, Article 6, states: This Constitution, and the laws of the United States which shall be made in persuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges

neg: Law of Russia and increased independence for the president. Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it “shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation.” Courts are guided by the Constitution and it trumps federal and local laws. Few amendments have been made to the Constitution since its adoption. The most significant of these was made in 2008. It concerned the term of office to be held by the President

neg: Burt Lake burn-out the Native People encountered in the new country as separate and sovereign nations. Article 1, Section 8 of this document stated: "The Congress shall have power to- regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes." Article VI then stated: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and ALL TREATIES made, or which shall be made, under the Authority of the United States, shall be the SUPREME LAW OF THE LAND; and the Judges in every State shall be bound thereby, anything in the Constitution

neg: Magna Carta be enshrined in Magna Carta. In the late 18th century, the United States Constitution became the supreme law of the land, recalling the manner in which Magna Carta had come to be regarded as fundamental law. The Constitution's Fifth Amendment guarantees that "no person shall be deprived of life, liberty, or property, without due process of law", a phrase that was derived from Magna Carta. In addition, the Constitution included a similar writ in the Suspension Clause, Article 1, Section 9: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or

neg: Hines v. Davidowitz was pointed out by the authors of The Federalist in 1787, and has since been given continuous recognition by this Court. When the national government by treaty or statute has established rules and regulations touching the rights, privileges, obligations or burdens of aliens as such, the treaty or statute is the supreme law of the land. No state can add to or take from the force and effect of such treaty or statute, for Article 6 of the Constitution provides that "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties

neg: Supreme Court of Bangladesh conduct of a judge who is a member of the supreme judicial council, or a member of the council is absent or is unable to act due to illness or other cause, the judge who is the next in seniority to those who are members of the Council shall act as such member. Supreme court judges are independent in their judicial function as empowered through article 94(4) of the Constitution. As per Article 111 of the Constitution of Bangladesh, 1972, the Supreme Court judgments have binding effects and the article provides that the law declared by the Appellate Division shall

neg: Law of Japan House of Representatives (lower house). Article 41 of the Constitution provides that "the Diet shall be the highest organ of State power, and shall be the sole law-making organ of the State." Statutory law originates from the National Diet, with the approval of the Emperor as a formality. Under the current constitution, the Emperor does not have the power to veto or otherwise refuse to approve a law passed by the Diet. The judicial system of Japan consists of the Supreme Court, eight high courts and fifty district and family courts. For more serious crimes long terms of confinement or

neg: Federal preemption Congress’s legislative power and conflicting state law." The court then explained why preemption was not applicable to the PASPA provision prohibiting states from authorizing sports betting: Federal preemption In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme

neg: Article Six of the United States Constitution Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. The Supreme Court under John Marshall was influential in construing the supremacy clause. It first ruled that it had the power to review the decisions of state courts allegedly in conflict with the supreme law, claims of "state sovereignty" notwithstanding. In "Martin v. Hunter's Lessee" (1816),

neg: Article Three of the United States Constitution than an advisory opinion; therefore, the court dismissed the suit for failing to present a "case or controversy." A significant omission is that although Clause 1 provides that federal judicial power shall extend to "the laws of the United States," it does not also provide that it shall extend to the laws of the "several" or individual states. In turn, the Judiciary Act of 1789 and subsequent acts never granted the U.S. Supreme Court the power to review decisions of state supreme courts on pure issues of state law. It is this silence which tacitly made state supreme courts the

neg: Constitution of New Jersey court other than the Supreme Court of New Jersey. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Supreme Court is New Jersey's appellate court of last resort. "By constitutional mandate, the Court consists of a Chief Justice and six associate justices, with five members constituting a quorum." Article VI, Section II, Paragraph 3 provides that, "The Supreme Court makes its own rules governing the administration of all State courts 'and, subject to law, the practice and procedure of all such courts.'" The State

neg: Constitution of Oklahoma is now a state." The Oklahoma Constitution Preamble reads: The remainder of the constitution consists of twenty-nine articles, with the first eight pertaining to the state’s government. Article One establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by the State of Oklahoma, public school are established to be taught only in English, and that suffrage shall never be revoked due to “race, color, or

neg: Amendment of the Constitution of India Anr". An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting the twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from "Kesavananda Bharati v. The State of Kerala", where the Supreme Court ruled that amendments of the constitution must

neg: Judicial Yuan are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court. The Public Functionary Disciplinary Sanction Commission (公務員懲戒委員會) maintains official discipline and punishes public servants, regardless of rank or appointment, for violations of the law or negligence in his or her duty in accordance with Article 77 of the Constitution. Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance

neg: Foreign policy of the George W. Bush administration Law of the Land..."" and that ""...all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."", while Article III states that the judicial power of the US Supreme Court extends to ""all ... Treaties made"". This makes a violation of international law also a violation of the "supreme Law of The Land" of America, and withholds immunity from government officials, including the president.) See Worldwide government positions on war on Iraq and The UN Security Council and the Iraq war. For its part, the

neg: Article 14 of the Constitution of Singapore has its roots in the common law which existed before the enactment of the Constitution in 1965. As such, the courts must take Article 162 of the Constitution into consideration when deciding whether the common law tort of defamation offends the fundamental liberty of freedom of speech and expression. The Article provides that all existing laws shall continue in force after the commencement of the Constitution subject to "modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity" with the Constitution of Singapore. However, in "Review Publishing", the Court of Appeal held that the common law

neg: Article 10 of the Constitution of Malaysia the Legislative Council approved the modified draft. This version of the Constitution, which contained an Article 10 much more similar to the present day version, also included a new Article 4(2) which provides that "The validity of any law shall not be questioned on the ground that...it imposes such restrictions as are mentioned in Article 10(2)". In light of these changes, a Malaysian lawyer has argued that "It is clear ... that freedoms of ... speech, assembly and association (Article 10) were intended to be restricted "Ab initio"." Several acts of law regulate the freedoms granted by Article 10, such

neg: Remedies in Singapore constitutional law has held that unconstitutional laws can be given temporary validity to prevent a legal vacuum caused by the voiding of laws until the legislature has had time to re-enact the laws in a constitutional manner. This remedy has yet to be applied in Singapore. Damages and injunctions are not remedies that are available in constitutional claims in Singapore. The Constitution of the Republic of Singapore is the supreme law of the land. This is supported by Article 4 of the Constitution, which provides: The court has the power and duty to uphold the provisions in the Constitution. As the Constitution

neg: Supremacy Clause Supremacy Clause The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. In this respect, the Supremacy Clause

neg: U.S. state (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. States' rights are understood mainly with reference to the Tenth Amendment. The Constitution delegates some powers to the national government, and it forbids some powers to the states. Any powers not granted to the federal government or forbidden to

neg: Law of the land term was used in 1787 to write the Supremacy Clause of the U.S. Constitution, which states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme "Law of the land"..." The Supremacy Clause is the only place in the Constitution where this exact term was used. This term has been the subject of numerous scholarly works and judicial decisions over the years. Usually the English term is used, but sometimes the Latin: "lex terrae",

neg: Basic structure doctrine the constitution could be revoked or limited by amendment of the constitution. The Supreme Court delivered its ruling, by a majority of 6-5 on 27 February 1967. The Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void. Article 13(2) reads, "The State shall not make any law which takes away or abridges the right conferred by this Part and any

neg: Article 365 of the Sri Lankan Penal Code prohibits the Supreme Court from striking down Article 365A because the Constitution does not provide the Supreme Court with the power of judicial review. The second republican constitution was amended to state "all bills passed in parliament shall become law after it receives the Speaker's Certificate (79), it will be final and cannot be questioned in any court of law (80.3)". However, in 2017, the Supreme Court had made a pronouncement and established new case law by saying that it would be inappropriate to impose custodial sentences on people who were accused of engaging in homosexual sex, thereby de facto

neg: Procedures of the Supreme Court of the United States first instance under what is termed original jurisdiction. The Supreme Court's authority in this respect is also derived from Article III of the Constitution, which states that the Supreme Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." The original jurisdiction of the Court is set forth in . This statute provides further that, in the case of disputes between two or more states, the Supreme Court holds both original and exclusive jurisdiction and no lower court may hear such cases. The number of original

neg: Incorporation of international law Supremacy Clause (VI.2) of the United States Constitution states that "all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land." However, the term "treaty" has a more restricted sense in American law than in international law. Of the more than 16,000 international agreements entered into by the United States between 1946 and 1999, only 912 were ratified by the required two thirds of the US Senate of the Treaty Clause of the Constitution. The US Supreme Court has also limited the direct effect of ratified treaties, notably

neg: Constitution of Japan at such election as the Diet shall specify". The constitution has not been amended since its implementation in 1947, although there have been movements led by the Liberal Democratic Party to make various amendments to it. Article 97 provides for the inviolability of fundamental human rights. Article 98 provides that the constitution takes precedence over any "law, ordinance, imperial rescript or other act of government" that offends against its provisions, and that "the treaties concluded by Japan and established laws of nations shall be faithfully observed". In most nations it is for the legislature to determine to what extent, if

neg: United States v. More Adams appointees; Kilty was a Jefferson appointee. Cranch, also the reporter of decisions for the Supreme Court, included the D.C. circuit court opinions in the margin of his report of the Supreme Court's decision in "More". Cranch, joined by Marshall, sustained More's demurrer based on the Compensation Clause of Article Three of the United States Constitution. That clause provides: "The Judges, both of the supreme and inferior Courts . . . shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office." Cranch held that Congress's power over the federal district

neg: Freedom of information laws by country of the Constitution of the Pitcairn Islands provides that "Freedom of information in Pitcairn shall be provided by Ordinance, which shall reflect the freedom of information legislation of the United Kingdom adapted to the circumstances of Pitcairn". The "Freedom of Information Ordinance 2012" implements this requirement. Article 61 of the Constitution provides for the right to information and mandates that Parliament enact a law setting out this right. The Law on Access to Public Information was approved in September 2001 and went into effect in January 2002. The Act allows anyone to demand access to public information, public data and

neg: Articles 2 and 3 of the Constitution of Ireland northern nationalists nothing". After all, Article 9 of the Constitution of Ireland governs Irish citizenship. It provides that the "future loss and acquisition of Irish nationality and citizenship shall be determined in accordance with law". Since it was further amended in 2004, Article 9 now also provides that "[n]otwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not

neg: Saint Helena Supreme Court Juvenile Court. Saint Helena is an overseas territory of the United Kingdom and follows English law. The Chief Justice and other judges are appointed by Letters Patent on the recommendation of the Governor. Chief Justices: Saint Helena Supreme Court The Saint Helena Supreme Court was established in 1839. and has jurisdiction over the entire territory (i. e., Saint Helena, Ascension Island and Tristan da Cunha). Article 82(3) of the Constitution of Saint Helena, Ascension and Tristan da Cunha provides that "the Supreme Court shall possess and may exercise all the jurisdiction which is vested in, or is capable of being

neg: LGBT rights in Kenya June 2011 that within 18 months there would be a challenge to the constitutionality of the Kenya Penal Code. Article 2 of the Constitution of Kenya provides, in paragraph (5) that "the general rules of international law shall form part of the law of Kenya" and, in paragraph (6), that "[a]ny treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution". In paragraph (4), the constitution states, "[a]ny law, including customary law, that is inconsistent with [the] Constitution is void to the extent of the inconsistency, and any act or omission in contravention

neg: Philippine habeas corpus cases Philippine habeas corpus cases Philippine "habeas corpus" cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of "habeas corpus". The writ of "habeas corpus" may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” As per definition, it is a law stating that an individual

neg: Vellama d/o Marie Muthu v. Attorney-General of Appeal went on to consider the time frame within which the Prime Minister must act. The Court referred to section 52 of the Interpretation Act ("IA") which provides: "Where no time is prescribed or allowed within which anything shall be done that thing shall be done with all convenient speed and as often as the prescribed occasion arises." Section 52 is relevant to the interpretation of Article 49(1) by virtue of section 2 of the IA which provides that the IA is applicable to "written law", including the Constitution. The Court drew a parallel between the common law concept

neg: Supreme Court of India in any court of law or before any other authority in India. Article 137 of the Constitution of India lays down provision for the power of the supreme court to review its own judgements. As per this Article, subject to the provisions of any law made by parliament or any rules made under Article 145, the supreme court shall have power to review any judgment pronounced or order made by it. Under Order XL of the supreme court Rules, that have been framed under its powers under Article 145 of the constitution, the supreme court may review its judgment or

neg: Common law judiciary to review and invalidate unconstitutional acts of the federal executive branch is stated in the constitution, Article III sections 1 and 2: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ... The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority..." The first landmark decision on "the judicial power" was "Marbury v. Madison", .

neg: Constitution of Uzbekistan All state bodies, public associations and officials in the Republic of Uzbekistan shall allow any citizen access to documents, resolutions and other materials, relating to their rights and interests. - Article 31: Freedom of conscience is guaranteed to all. Everyone shall have the right to profess or not to profess any religion. Any compulsory imposition of religion shall be impermissible. Constitution of Uzbekistan The Constitution of Uzbekistan was adopted on 8 December 1992 on the 11th session of the Supreme Council of Uzbekistan. It replaced the Constitution of the Republic of Uzbekistan of 1978. It is the supreme law of

neg: Political question a Republican Form of Government". The Supreme Court has declared that this Clause does not imply any set of "judicially manageable standards which a court could utilize independently in order to identify a State's lawful government". Article I, section 2 of the Constitution states that the House "shall have the sole power of Impeachment", and Article I, section 3 provides that the "Senate shall have the sole Power to try all Impeachments". Since the Constitution placed the sole power of impeachment in two political bodies, it is qualified as a political question. As a result, neither the decision of the

neg: Freedom of religion in the Philippines Freedom of religion in the Philippines Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines. The 1987 Constitution of the Philippines declares: "The separation of Church and State shall be inviolable." (Article II, Section 6), and, "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights." (Article III, Section 5)... The Supreme Court of the Philippines, ruling

neg: Federal prosecution of public corruption in the United States prosecutions. Article Two, Section Four of the United States Constitution provides that: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, "Bribery", or other High crimes and Misdemeanors." For a time in the early history of the country, corrupt public officials could be charged with the common law crimes related to corruption; such crimes could continue to be charged in the D.C. circuit court, where the laws of Maryland and Virginia remained in force, even after the Supreme Court's decision abolishing federal common law crimes

neg: Constitution of Malaysia service for national purposes. It is expressly provided that work incidental to serving a sentence of imprisonment imposed by a court of law is not forced labour. In the area of criminal laws and procedure, this Article provides the following protections: Article 8 by clause (1) provides that all persons are equal before the law and entitled to its equal protection. Clause 2 states: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law or in the appointment to any

neg: Municipal clerk term with mandatory retirement at age 70, after which they may remain in office if they run for successive terms. New York state law provides for elected Town and County Clerks who have separately defined responsibilities. (Under Article XIII, §13(a) of the New York Constitution, the County Clerks within New York City are not elected, but instead "shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located.") For example, marriage licenses and dog licenses are issued by town clerks while business certificates and real

neg: Chinese property law the State Land Administration up to the early 1980s. In the era of Deng Xiaoping, a fundamental legal source of the regime of property and property rights in the PRC lay in the Constitution of PRC enacted in 1982. The 1982 constitution provided for the "socialist public ownership" of the means of production, which takes two forms- state ownership and collective ownership. In 2004, the fourth amendment to the constitution was made. Article 13 of the constitution provided that: "The lawful private property of citizens shall be inviolable. The country shall protect in accordance with law citizens' private property rights

neg: Constitution of Malaysia Federation but it then goes on to say that this does not affect the other provisions of the Constitution (Article 4(3)). Therefore, the fact that Islam is the religion of Malaysia does not by itself import Islamic principles into the Constitution but it does contain a number of specific Islamic features: Article 32 of the Constitution of Malaysia provides for a Supreme Head of the Federation or King of the Federation, to be called the Yang di-Pertuan Agong, who shall not be liable to any civil or criminal proceedings except in the Special Court. The Consort of the Yang di-Pertuan

neg: Judicial independence in Singapore biased against a party, or appears to biased. The test for apparent bias is whether a reasonable and fair-minded person sitting in court and knowing all the relevant facts would have a reasonable suspicion that a fair trial for the litigant is not possible. Article 4 of the Constitution declares: "This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void." As regards laws that were in force prior to the Constitution

neg: Virginia Conventions Y. Thomas of Henry County proposed a compromise, to simply assert Article VI of the U.S. Constitution for Virginia's Bill of Rights, Section 2, that "the Constitution of the United States, and the laws of Congress passed in pursuance thereof, constitute the supreme law of the land, to which paramount allegiance and obedience are due from every citizen ..." That was not enough for the Radical majority. Linus M. Nickerson of Fairfax County who had served in a New York infantry regiment successfully added "this State shall ever remain a member of the United States of America ... and that

neg: Venue (law) Venue (law) Venue (law) is the location where a case is heard. The perceived abuse of English criminal venue law was one of the enumerated grievances in the United States Declaration of Independence, which accused George III of the United Kingdom of "transporting us beyond Seas to be tried for pretended offenses." Article Three of the United States Constitution provides: "Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress

neg: Land acquisition in India 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be deprived of his property save by authority of law." It also indicated that compensation would be paid to a person whose property has been taken for public purposes (often subject to wide range of meaning). The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person shall be deprived of his property save by authority of law" (Constitution

neg: Amendment of the Constitution of India added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368." The provisions in "italics" were inserted by the 42nd Amendment but were later declared unconstitutional by the Supreme Court in "Minerva Mills v. Union of India" in 1980. After the 24th amendment, Article 4(2), etc. of the constitution are superseded/made void by article 368 (1) which is the only procedure for amending the constitution however marginal may be the nature of the amendment. Supreme court ruled that the constituent power under article 368 must

neg: Law of Vanuatu Magistrate's Courts. The Court of Appeal "has the same power, authority and jurisdiction as the Supreme Court" and hears appeals from the latter. The Court of Appeal is "constituted by two or more judges of the Supreme Court sitting together", per art.50 of the Constitution. The Supreme Court has jurisdiction to provide binding interpretations of the Constitution, per art.53(3) thereof, which provides: "When a question concerning the interpretation of the Constitution arises before a subordinate court, and the court considers that the question concerns a fundamental point of law, the court shall submit the question to the Supreme Court for

neg: Criminal law in the Taney Court state. Article Three, Section Two, Clause Three of the Constitution provides: "The Trial of all Crimes ... shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." In "United States v. Jackalow" (1861), the Court held that Article Three venue must be established by facts found by a jury. The act of piratical murder by Jackalow was alleged to have occurred on the high seas, between the waters within the jurisdiction of

neg: Child labour in Bangladesh day. The Constitution of Bangladesh while guaranteeing the fundamental rights for the people prohibits all forms of forced labor under Article 34. Article 34 lays down that 'all forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with law'. The Children Act 2013 repealed the previous Children Act 1974 which was inconsistent with international standards particularly with the UN Convention on the Rights of the Child 1989. Section 4 of this Act provides that notwithstanding anything contained in any other law for the time being in force every person shall

neg: Adultery law in India of this problematic interpretation, the Supreme Court in December 2017 decided to accept the public interest litigation in which it has been prayed that the Court strikes down or completely does away with Section 497 of the Indian Penal Code entirely. It has been argued that the section violates two articles of the Constitution of India- Article 14 and Article 15. Article 14 reads as follows: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Article 15 reads as follows: "The State shall not discriminate

neg: Shia Personal Status Law it back to the parliament ... This is something we are serious about.” The third article of the constitution states that no law will transgress against the Islamic religion followed in Afghanistan. The constitution provides a mandate in article seven that the Islamic Republic shall adhere to the Universal Declaration of Human Rights (UDHR) and to other international treaties and conventions which is signatory to. Under Article 22 of the constitution of Afghanistan equality between the sexes is recognised. "It is a complicated process, and it will take a long time to review every line of the 250 articles of

neg: Constitution of Singapore of the Constitution may serve constitutional functions and therefore be regarded as "essential to the workings of small-c constitutions". The Constitution itself empowers Parliament to enact laws for certain purposes. For instance, Article 17(2) states that "[t]he President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature". To regulate such elections, Parliament passed the Presidential Elections Act. Similarly, the Parliamentary Elections Act fulfils the requirements of Article 39(1), which provides that Parliament consists, "inter alia", of elected Members of Parliament (MPs) and Non-constituency Members of Parliament (NCMPs) who have been elected according

neg: Emperor of Japan recognized as heir to the throne. This law, which was promulgated on the same day as the Meiji Constitution, enjoyed co-equal status with that constitution. Article 2 of the Constitution of Japan, promulgated in 1947 by influence of the U.S. occupation administration, provides that "The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial Household Law passed by the Diet." The Imperial Household Law of 1947, enacted by the ninety-second and last session of the Imperial Diet, retained the exclusion on female dynasts found in the 1889 law. The government of Prime Minister Yoshida Shigeru hastily

neg: Articles of Impeachment against Chief Justice Renato Corona the Supreme Court and the DBM executed Joint Circular No. 2004-1 providing that “collection of the Judiciary from funds enumerated under items 2.1.1 and 2.1.2 above shall no longer be remitted to the National Treasury. Instead, these shall be deposited in an authorized government depository bank as may be determined by the Supreme Court.” Corona highlights the power of the Chief Justice to realign savings from appropriations for the Judiciary as a constitutionally-recognized fact. Section 25(5) of Article VI of the Constitution provides that “the President, the President of the Senate, The Speaker of the House of Representatives, the Chief

neg: Single-subject rule is subject to a referendum. It has been derived by the Swiss Federal Supreme Court from the provision in article 34, section 2 of the Swiss Federal Constitution which guarantees "the freedom of the citizen to form an opinion and to give genuine expression to his or her will" in the exercise of political rights. The Court has outlined the principle as follows: The single subject rule exists in 41 state constitutions in the United States of America. For example, the constitution of Minnesota, Article IV, Section 17, requires that "No law shall embrace more than one subject, which shall

neg: Ex post facto law prohibiting such retroactive application is commonly memorised as a Latin sentence "Lex retro non agit" ("A law does not apply retroactively"). The said article, however, allows retroactive application of an Act of Parliament if it is expressly understood from its text or purpose. Article 18 of the Portuguese constitution forbids the retroactive application of any law the restricts right; article 29 of the Portuguese Constitution forbids retroactive application of criminal law; article 103 forbids the application of retroactive taxes. Article 15 (2) of the Romanian constitution provides that the law shall only act for the future, except for the more

neg: President of India on the date on which he enters upon his office as President [Article 59(1)]. Article 57 provides that a person who holds, or who has held, office as President shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on the ballot. Article 56(1) of the constitution provides that the president shall hold office for a term of five years from

neg: Constitution of Singapore declares that it is the supreme law of the land and the Constitution appears to satisfy Dicey's criteria, the view has been taken that it may not be supreme in practice and that Singapore's legal system is "de facto" characterized by parliamentary sovereignty. Dicey's first legal criterion for a constitution to be regarded as supreme is that it must be written. This requirement is necessary for the precise identification of constitutional provisions, which makes it more convenient for Parliament to make constitutional amendments, and provides the judiciary with a basic text against which to determine the constitutionality of any ordinary

neg: Federalist No. 33 the Union," in other words, to guard against those who would seek to evade the authority of the Union by an overly literal interpretation of the constitution. In his essay he states that "'to make all laws which shall be necessary and proper for carrying into execution the powers by that Constitution vested in the government of the United States...and the treaties made by their authority shall be the supreme law of the land, anything in the constitution or laws of any State to the contrary notwithstanding.'" Hamilton proceeds to clarify and explain the clause and the purpose it serves

neg: Turkish Constitution of 1961 any one person, group or class. No person or agency shall exercise any state authority, which does not derive its origin from the Constitution. Article 5 - Legislative power is vested in the Grand National Assembly. This power shall not be delegated. Article 6 - The executive function shall be carried out by the President of the Republic and the Council of Ministers within the framework of law. Article 7 - Judicial power shall be exercised by independent courts on behalf of the Turkish nation. Article 8 - Laws shall not be in conflict with the Constitution. The provisions of

neg: Bricker Amendment the authority of the United States, shall be the Supreme Law of the land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." While executive agreements were not mentioned in the Constitution, Congress authorized them for delivery of the mail as early as 1792. Constitutional scholars note that the supremacy clause was designed to protect the only significant treaty into which the infant United States had entered: the Treaty of Paris of 1783, which ended the Revolutionary War and under which Great Britain recognized the

neg: Criminal Law (Temporary Provisions) Act (Singapore) and be allowed to consult and be defended by a legal practitioner of his choice. In addition, Article 9(4) states that he must without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a magistrate and shall not be further detained in custody without the magistrate's authority. However, the Constitution specifically provides that no law inconsistent with those provisions which was in force before the commencement of the Constitution and which authorizes the arrest and detention of any person in the interests of public safety, peace and good order is

neg: President of Egypt provides that a law will be passed to regulate the relevant election procedures. This law is expected to regulate the various aspects of the election process itself, including campaign funding, equal access to the media, and guarantees of fair competition. As required by the amendment, the law will be submitted to the Supreme Constitutional Court to opine on its constitutionality. This establishes an important precedent in Egypt’s legal tradition, by which the Supreme Constitutional Court shall have the right of prior review of national legislation to decide on its compatibility with the Constitution. This differs from the practice thus far

neg: Legal history of income tax in the United States Because the Constitution prohibited a "direct tax" unless the tax is apportioned, Pollock argued that the unapportioned income tax should be declared unconstitutional. The "direct tax" argument had also been used by Springer in 1880, but now the Court focused more closely on the wording in the Constitution. The provisions were Article I, Section 8, Clause 1, which provides that "all Duties, Imposts and Excises shall be uniform throughout the United States" and Article I, Section 9, Clause 4, which provides: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before

neg: Philippine habeas corpus cases with, invasion. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. Philippine habeas corpus cases Philippine "habeas corpus" cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of "habeas corpus". The writ of "habeas corpus" may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the

neg: Judiciary of Vermont state appellate court, mainly hearing appeals on questions of law from lower courts, although there are a few instances in which the Court has original jurisdiction. The Supreme Court also is responsible for administration of the Vermont court system; it makes state court procedural rules. The Supreme Court is established in the Vermont Constitution which provides in section 29 that the court shall consist of a chief justice and four associate justices and in section 30 that: In 2008, justices were paid $129,245 annually. This ranks 41st in the nation. The state constitution provides for the creation of lower courts

neg: Law of Nauru Parliament passed since independence in 1968; Regulations; precedents of the Supreme Court of Nauru; and customary law". Article 85 of the Constitution stipulates that law in existence at the time of independence continues to be applied until amended or repealed by Parliament. The Constitution of Nauru, adopted in 1968, establishes itself as the supreme law of the country, and provides for the voiding of any statute inconsistent with it (art.2). Art.54(1) grants to the Supreme Court "original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of th[e] Constitution". Since 12 May 2016

neg: Politics of the United Arab Emirates and 121 of the Constitution are to be under the jurisdiction of respective Emirates and are reaffirmed by Article 116 which states that: ‘the Emirates shall exercise all powers not assigned to the federation by this Constitution’. This is further reiterated by Article 122, which stated that ‘the Emirates shall have jurisdiction in all matters not assigned to the exclusive jurisdiction of the federation, in accordance with the provision of the preceding two Articles’. The Federal Supreme Council consists of the individual rulers of the seven emirates. The President and Vice-President are elected by the Supreme Council every five years.

neg: Writ of Kalikasan damage of such magnitude that it threatens life, health, or property of inhabitants in two or more cities or provinces. In September 2014, the Philippine Supreme Court ruled unanimously against issuing a writ of kalikasan against the United States Government over the grounding of the USS Guardian on the Tubbataha Reef in 2013. Writ of Kalikasan A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's Constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which says the "state shall protect and advance the right of

neg: Twenty-fourth Amendment of the Constitution of India majority of 6-5 on 27 February 1967. The Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void. Article 13(2) reads, "The State shall not make any law which takes away or abridges the right conferred by this Part and any law made in contravention of this clause shall, to the extent of contravention, be void." The Court also ruled that

neg: Law of Tuvalu Law of Tuvalu The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom (during the time Tuvalu was either a British protectorate or British colony); the common law; and customary law (particularly in relation to the ownership of land). The land tenure system is largely based on "kaitasi" (extended family ownership). The "Constitution of Tuvalu" states that it is "the supreme law of Tuvalu" and that "all other laws shall be interpreted and applied subject to this Constitution"; it

neg: Article 9 of the Constitution of Singapore states: Article 9(1) embodies the concept of the rule of law, an early expression of which was the 39th article of the Magna Carta of 1215: "No freeman shall be taken captive or imprisoned, or deprived of his lands, or outlawed, or exiled, or in any way destroyed, nor will we go with force against him nor send forces against him, except by the lawful judgment of his peers or by the law of the land." Article 9(1) is similar, but by no means identical, to the Due Process Clause of the Fourteenth Amendment to the United States Constitution which

neg: Egyptian Constitution of 2012 81 states that no law may limit the essence of the rights and freedoms set out in the constitution but goes on to say that, "These rights and freedoms shall be exercised insofar as they do not contradict the principles set out in the Chapter on State and Society in this constitution." The provisions in that chapter include article 10, which states that, "The state and society shall commit to preserving the true nature of the Egyptian family," and article 11, which states that, "The state shall protect ethics and morals and public order." Article 45 protects freedom of expression

neg: Constitution of Mauritius Constitution of Mauritius The Constitution of the Republic of Mauritius () is the supreme law of Mauritius, according to Chapter I, Section 2 of the constitution, if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. The current Constitution was adopted in 1968. It defines Mauritius as a sovereign democratic State which shall be known as the Republic of Mauritius. The Constitution guarantees to the citizen his fundamental rights: right to liberty and protection of the law, freedom of conscience, freedom of association, of movement and of opinion, freedom

neg: Right of return Constitution of the Republic of Armenia (1995) provides that "[i]ndividuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a simplified procedure." This provision is consistent with the "Declaration on Independence of Armenia", issued by the Supreme Soviet of the Republic of Armenia in 1989, which declared at article 4 that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia". Article 36 (3) of the Constitution of Estonia states that "Every Estonian is entitled to settle in Estonia." Persons of Finnish origin may receive citizenship by declaration, which is faster and cheaper than

neg: Adirondack Park the future. State land in these areas was to be conserved and never put up for sale or lease. In 1894, Article VII, Section 7, (renumbered in 1938 as Article XIV, Section 1) of the New York State Constitution was adopted, which reads in part: The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. In

neg: Yong Vui Kong v Public Prosecutor were three reasons for not adopting the reasoning of the Indian Supreme Court. First, the test for constitutional validity under Article 9(1) is different from the test applied to Article 21 of the Indian Constitution, which states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." The phrase "procedure established by law" means a "fair, just and reasonable procedure established by valid law". In "Mithu", section 303 of the Indian Penal Code was found to infringe Article 21 as it did not satisfy this test. However, Singapore's Article 9(1) is worded

neg: Basic Law of Saudi Arabia constitution". Prince Talal bin Abdul Aziz said that there cannot be "a constitution, a regulation, or a law that runs counter to the Islamic Sharia" in Saudi Arabia. Article 1 states that "God's Book and the Sunna of His Prophet" are the country's constitution and Arabic is the official language with the capital at Riyadh. Article 7 proclaims the rights of the monarch. Next, per Article 8, "justice, consultation, and equality" shall be in accordance with Sharia. Article 9 states that all members of each family in Saudi Arabia shall be reared "on the basis of the Islamic faith." Article

neg: Constitution of Maine elected by voters in their respective counties. This article also says that the Justices of the Maine Supreme Judicial Court "shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Senate or House of Representatives." Such an opinion is called an Advisory opinion. This article describes the state militia, now known as the Maine National Guard, and says that "all commissioned officers of the Maine National Guard shall be appointed and commissioned by the Governor". This section also describes the Adjutant General of the Maine National Guard who is

neg: Socialism in liberal democratic constitutions which will ensure for every citizen the rule of law, basic human rights and political, economic and social equality, liberty and justice. Several socialist principles exists throughout the document. Article 19 provides for equality of opportunities as also eradication of inequalities. Article 20 provides that for every able bodied citizen work is a right, duty and an honour, while Article 20 states "from everyone according to his capacity and to everyone according to his work". Having been removed in later amendments, the original constitution stated "A socialist economic system shall be established with a view to ensuring the attainment of

neg: Amendment of the Constitution of India by law for the abolition or creation of the Legislative Councils in States and specifies that though such law shall contain such provisions for the amendment of the Constitution as may be necessary, it shall not be deemed to be an amendment of the Constitution for the purposes of article 368. "The Legislative Councils Act, 1957", which provided for the creation of a Legislative Council in Andhra Pradesh and for increasing the strength of the Legislative Councils in certain other States, is an example of a law passed by Parliament in an exercise of its powers under article 169. The

neg: History of Delaware social equality, Delaware legislators passed Jim Crow laws in 1875, which virtually made black Delawareans second-class citizens. The state's educational system was segregated by operation of law. In fact, Delaware's segregation was literally written into the state constitution, which, while providing at Article X, Section 2, that "no distinction shall be made on account of race or color", nonetheless required that "separate schools for white and colored children shall be maintained." In 1952, "Gebhart v. Belton" was decided by the Delaware Court of Chancery and affirmed by the Delaware Supreme Court in the same year. "Gebhart" was one of the

neg: Central Intelligence Agency Act as well as give those persons cover stories and economic support. It was passed by congress May 27. The Act is codified at . The Act's Constitutionality was challenged in 1972 in the Supreme Court case "United States v. Richardson", on the basis that the Act conflicted with the penultimate clause of Article I, Section 9 of the United States Constitution, which states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to

neg: Same-sex marriage the law went into effect on 5 June 2016. On 31 January 2017, the Italian Supreme Court of Cassation ruled that same-sex marriages performed abroad can be fully recognized by court order, when at least one of the two spouses is a citizen of a European Union country where same-sex marriage is legal. Same-sex marriage is not legal in Japan. Article 24 of the Japanese Constitution states that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis." Article

neg: 1977 Soviet Constitution precedent for secession, and Articles 74 and 75 stated that when a Soviet constituency introduced laws in contradiction to the Supreme Soviet, the laws of the Supreme Soviet would supersede any legal difference. Though Article 72 would later have an important role in the dissolution of the Soviet Union, Articles 74 and 75 show that the future dissolution of the USSR was never the intention of the 1977 Constitution: Article 74. The laws of the USSR shall have the same force in all Union Republics. In the event of a discrepancy between a Union Republic law and an All-Union law,

neg: Title 2 of the Swiss Federal Constitution recognised in the case law of the Supreme Court and the European Court of Human Rights. It also incorporates the fundamental rights guaranteed in the European Convention on Human Rights, which Switzerland has ratified. Articles 35 and 36 contain the general rules governing the application of fundamental rights. According to article 35, ""the fundamental rights shall be realized in the entire legal system"". This implies that the Constitution's fundamental rights are binding on all levels of state authorities and are directly enforceable in the courts, although the Constitution prohibits judicial review of federal statutes in article 190. Going beyond the

neg: Uniform Code of Military Justice Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, , 10 U.S.C. §§ 801–946) is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power...To make Rules for the Government and Regulation of the land and naval forces". On 30 June 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article

neg: New Hampshire Supreme Court John T. Broderick, Jr. announced his retirement, to become Dean of the University of New Hampshire School of Law, the state's only law school. In December 2010, Linda S. Dalianis was nominated by Governor Lynch and confirmed by the Executive Council as the court's chief justice. Part II, Article 46 of the state constitution, states all judicial officers (among the other constitutional officers) shall be nominated and appointed by the Governor and Executive Council. It also states that such nominations shall be made at least three days prior to such appointment and no such appointment shall take place unless a

neg: East Timor Supreme Court of Justice All judges must be Timorese. https://www.tribunais.tl/?q=node/3 East Timor Supreme Court of Justice The East Timor Supreme Court of Justice was established by the Constitution of East Timor, and is also known as the "Court of Appeal of East Timor". It is the highest court of East Timor, with ultimate jurisdiction over all legal, constitutional and electoral matters. Article 125 of the Constitution states that the Supreme Court shall consist of career judges or magistrates of the Public Prosecution or jurists of recognised merit. There shall be one judge elected by the National Parliament, and the others shall be appointed by

neg: Forty-second Amendment of the Constitution of India new article 228A was inserted in the Constitution which would give High Courts the authority to "determine all questions as to the constitutional validity of any State law". The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. The 43rd and 44th Amendments reversed these changes. Article 74 was amended and it was explicitly stipulated that "the President shall act in accordance with the advice of the Council of Ministers". Governors of states were not included in this article. The interval at which a proclamation of Emergency under Article