The Harmon Doctrine

The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]

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The Doctrine of Arbitrariness / Substantive Due Process I

Abhinav Chandrachud, grandson to Former CJI Y.V. Chandrachud, was not incorrect in noting that the doctrine of ‘fairness’/ ‘non-arbitrariness’ laid the foundation of substantive due process in our country. Justice Nariman supports this view. In a CJI K.G. Balakrishnan Judgment in 2010, richly cited in the book, it indeed was held that the ‘standard of substantive […]

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