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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Jactitation of Marriage

Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]

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Compensatory Jurisprudence of Constitutional Courts V: Peaceful Protests of Kashmir

“It hardly needs elaboration that a distinguishing feature of any democracy is the space offered for legitimate dissent. One cherished and valuable aspect of political life in India is a tradition to express grievances through direct action or peaceful protest. Organized, non-violent protest marches were a key weapon in the struggle for Independence, and the […]

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Compensatory Jurisprudence of Constitutional Courts IV: The Case of Swami Laxmanananda Saraswati

Bl. Titus Brandsma courageously resisted Nazi ideology and died at Dachau in 1942. The Titus Brandsma Award recognizes a journalist who has made a major contribution to the struggle for human rights. Anto Akkara was conferred the Award in 2013 for having exposed the brutal persecution of Christians in India. In its Award Citation, The […]

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Compensatory Jurisprudence of Constitutional Courts III: The Case of Himgiri Express

“On February 1, 2011 when Himgiri Express left Shahjahanpur Railway Station with hundreds of men on roof top and headed towards Rosa town, an accident took place at Hathaurda Railway Over Bridge near Mohammadabad. The Railway Over Bridge was not tall enough and the gap between the roof of the coach and the bottom of […]

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Compensatory Jurisprudence of Constitutional Courts II: The Case of Rini Johar

The recent matter of Dr. Rini Johar v. State of M.P. [Writ Petition (Criminal) No. 30 of 2015] has brought back memories of Rudul v. State of Bihar, (1983) 4 SCC 141 that heralded a new era of compensatory jurisprudence in Indian legal history. Rini and Gulshan Johar were arrested in 2012 without following the procedure […]

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