THE JOURNAL OF UNIQUE LAWS AND STUDENTS最新文献

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JUDICIAL REVIEW: EXPLORING THE ROLE OF JUDICIARY IN CONSTITUTIONAL INTERPRETATIONS 司法审查:探讨司法机构在宪法解释中的作用
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a4
Ayushi Pandey
{"title":"JUDICIAL REVIEW: EXPLORING THE ROLE OF JUDICIARY IN CONSTITUTIONAL INTERPRETATIONS","authors":"Ayushi Pandey","doi":"10.59126/v3i1a4","DOIUrl":"https://doi.org/10.59126/v3i1a4","url":null,"abstract":"This research paper offers a thorough analysis of the Indian Constitution's judicial review system. The study examines the historical development, scope, and constraints of judicial review in India through a thorough examination of key constitutional clauses, significant court rulings, and academic commentary. It assesses the judiciary's contribution to maintaining fundamental rights, guaranteeing the separation of powers, and defending constitutional ideals critically. The purpose of the study is to shed light on the special characteristics and difficulties of judicial review within the Indian constitutional framework by drawing comparisons with judicial review systems in other jurisdictions.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"178 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140783253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
RIGHT TO PRIVACY IN THE DIGITAL AGE: ADDRESSING CHALLENGES IN THE ERA OF TECHNOLOGICAL ADVANCEMENTS 数字时代的隐私权:应对技术进步时代的挑战
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a7
Ronit Palvia
{"title":"RIGHT TO PRIVACY IN THE DIGITAL AGE: ADDRESSING CHALLENGES IN THE ERA OF TECHNOLOGICAL ADVANCEMENTS","authors":"Ronit Palvia","doi":"10.59126/v3i1a7","DOIUrl":"https://doi.org/10.59126/v3i1a7","url":null,"abstract":"The term \"digital age\" refers to a grouping of various technological innovations such as virtual environments, digital services, intelligent applications, machine learning, knowledge-based systems, etc. that determine the particular features of the modern world, such as globalization, e-communications, information sharing, virtualization, etc. However, uncontrolled access to information and personal data kept in many global network nodes presents a chance for the technologies of the digital age to breach certain fundamental principles of information security and privacy. The rapid progress of technology has prompted both private and governmental organizations to gather personal data from individuals, often inadvertently left behind while browsing the internet. This collected information, obtained without explicit consent, is subsequently utilized to influence the behavior and decisions of citizens through persuasive technology. This practice infringes upon the liberty guaranteed to every Indian citizen by the Constitution.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"70 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140795260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
FUTURE OF BLOCKCHAIN GOVERNANCE: EXPLORING DECENTRALIZED DEMOCRACY 区块链治理的未来:探索去中心化民主
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a8
Akash Yadav
{"title":"FUTURE OF BLOCKCHAIN GOVERNANCE: EXPLORING DECENTRALIZED DEMOCRACY","authors":"Akash Yadav","doi":"10.59126/v3i1a8","DOIUrl":"https://doi.org/10.59126/v3i1a8","url":null,"abstract":"Blockchain technology presents a paradigm shift in governance, offering decentralized frameworks that challenge traditional centralized systems. This paper delves into the concept of decentralized democracy within blockchain governance and its implications for the future. The paper outlines the foundational principles of blockchain, highlighting its ability to facilitate transparent, trustless transactions through distributed consensus mechanisms. The paper then examines various governance models, from centralized to decentralized approaches such as on-chain governance and decentralized autonomous organizations (DAOs), assessing their strengths and weaknesses. Moreover, the research explores the concept of decentralized democracy, elucidating how blockchain enables transparent, auditable voting systems for direct stakeholder participation in decision-making.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140785409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
RIGHTS OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS 少数群体建立和管理教育机构的权利
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a5
Prerna Shikha
{"title":"RIGHTS OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS","authors":"Prerna Shikha","doi":"10.59126/v3i1a5","DOIUrl":"https://doi.org/10.59126/v3i1a5","url":null,"abstract":"The Preamble of our Constitution aims at securing the unity and integrity of the nation. To maintain justice and freedom of opinion, belief, faith, and worship, minority populations enjoy religious and cultural protections guaranteed by the Constitution. Treating unequal as equals is as bad as treating equals as unequal. Everyone has the right to equality and the same possibilities under our Constitution, yet treating people equally means treating those differently who weren't born alike. Because minorities in India have faced such terrible discrimination and are not treated equally with others, our Constitution's founders guaranteed special rights to minorities under Articles 29 and 30. The idea of granting minorities some special rights is to make them feel secure. The purpose of special rights for minorities is to ensure the preservation of minority institutions and to ensure autonomy in the management of these institutions, not to foster inequality but to promote equality. Education empowers and enlightens society. An essential component of human development is education. The preamble to the constitution states that the golden goals of Justice, Liberty, Equality, and Fraternity, including social, economic, and political justice, must be attained for the Indian polity to succeed.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140792586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
DATA PROTECTION AND CONSTITUTIONAL RIGHTS: THE INTERSECTION OF PRIVACY AND INFORMATION SECURITY 数据保护与宪法权利:隐私与信息安全的交叉
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a2
S. Nair
{"title":"DATA PROTECTION AND CONSTITUTIONAL RIGHTS: THE INTERSECTION OF PRIVACY AND INFORMATION SECURITY","authors":"S. Nair","doi":"10.59126/v3i1a2","DOIUrl":"https://doi.org/10.59126/v3i1a2","url":null,"abstract":"In today's digital world, successful governance is impossible without well-deployed digital services and the active participation of individuals who are aware of innovations and their rights. With the continuous advancement of technology, the concept of data protection and information security has become a major source of debate because every corporation has digital services that are tasked with protecting the data of its employees from various third-party interventions. Privacy has now developed as a human right across the world, and it is recognized as a basic right by the Constitution. The courts of law have issued significant decisions, including recommendations and verdicts. This article addresses the legal trends related to data protection.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"116 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140790305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
DUE PROCESS: EVALUATING ITS APPLICATION IN CRIMINAL AND CIVIL PROCEEDINGS 正当程序:评估其在刑事和民事诉讼中的应用
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a3
Zehra Khan
{"title":"DUE PROCESS: EVALUATING ITS APPLICATION IN CRIMINAL AND CIVIL PROCEEDINGS","authors":"Zehra Khan","doi":"10.59126/v3i1a3","DOIUrl":"https://doi.org/10.59126/v3i1a3","url":null,"abstract":"In every country of the world with people residing in it and an official government body of any kind be it a Democracy, a Monarchy, a Dictatorship, or any other form of Government certain rights are given to people by the law of the land no matter what is the form of the governing body. These rights as mentioned earlier are the legal rights that are often needed by people when they find themselves in the middle of certain criminal or civil proceedings. It's an attempt to make sure that even the condemned are not treated wrongly or illicitly.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"65 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140784075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL BASIS AND IMPLICATIONS ON MODERN ISSUES 印度的隐私权:宪法基础及对现代问题的影响
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a6
Nitin Raj Singh
{"title":"RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL BASIS AND IMPLICATIONS ON MODERN ISSUES","authors":"Nitin Raj Singh","doi":"10.59126/v3i1a6","DOIUrl":"https://doi.org/10.59126/v3i1a6","url":null,"abstract":"The right to privacy stands as a fundamental pillar of individual autonomy within the constitutional framework of India. This paper undertakes a comprehensive exploration of the multifaceted landscape surrounding the right to privacy in India, delving into its historical roots, constitutional foundations, contemporary challenges, and future outlook. Commencing with an examination of pre-independence cultural and legal landscapes, the study unfolds the constitutional basis of the right, predominantly enshrined in Article 21, exploring its evolution through landmark judicial pronouncements such as K.S. Puttaswamy v. Union of India (2017). The paper critically analyzes the limitations placed on the right, considering the delicate balance between individual privacy and societal interests. The research delves into the international dimension, conducting a comparative analysis with global standards and exploring the influence of international treaties and conventions on India's legal framework. Critiques of the right to privacy jurisprudence are discussed, alongside challenges in implementation and the nuanced task of balancing privacy with national security imperatives. The research concludes by underscoring the continued significance of the right to privacy in modern India and issuing a call to action for policymakers and stakeholders to fortify and adapt the legal framework in anticipation of emerging challenges.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"183 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140764038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CONSTITUTIONAL EVOLUTION: EXAMINING THE PROCESS OF DRAFTING AND AMENDING CONSTITUTIONS IN VARIOUS COUNTRIES 宪法演变:研究各国起草和修改宪法的过程
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2024-04-01 DOI: 10.59126/v3i1a1
Shubhangi Sinha
{"title":"CONSTITUTIONAL EVOLUTION: EXAMINING THE PROCESS OF DRAFTING AND AMENDING CONSTITUTIONS IN VARIOUS COUNTRIES","authors":"Shubhangi Sinha","doi":"10.59126/v3i1a1","DOIUrl":"https://doi.org/10.59126/v3i1a1","url":null,"abstract":"The constitution plays an important role in addressing how the country would work and function. It is a set of rules and regulations and acts as a base on how the future of a country will play. Different countries have taken different courses on how to draft their constitution suiting their society and circumstances. The constitution plays an important role in making the future of the country and thus it is very important to understand the origin and its history to understand the ongoing politics, development, economic status and social structure of the country.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"161 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140791459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Jignesh Shah vs. Union of India Jignesh Shah vs.印度联邦
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2023-09-01 DOI: 10.59126/v2i4a9
Rutuja Bhor
{"title":"Jignesh Shah vs. Union of India","authors":"Rutuja Bhor","doi":"10.59126/v2i4a9","DOIUrl":"https://doi.org/10.59126/v2i4a9","url":null,"abstract":"India is a fast-developing economy, to sustain such growth a healthy cash flow is required. This cash flow is brought in by businesses and companies. But when a company or business begins to default on its loans, it is referred to as becoming insolvent. This causes credit to become trapped in the system or to convert into bad loans. It is crucial that creditors and banks are able to recover as much as possible from the defaulter in order to prevent this. Therefore, a number of regulations were enacted to allow credit to enter the system and to minimize the depreciation of assets' value.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"247 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116159403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Usha Martin Limited vs. Eastern Gases Limited Usha Martin Limited诉Eastern gas Limited
THE JOURNAL OF UNIQUE LAWS AND STUDENTS Pub Date : 2023-09-01 DOI: 10.59126/v2i4a14
Sonam Kumari
{"title":"Usha Martin Limited vs. Eastern Gases Limited","authors":"Sonam Kumari","doi":"10.59126/v2i4a14","DOIUrl":"https://doi.org/10.59126/v2i4a14","url":null,"abstract":"Usha Martin Limited (hereinafter referred to as the \"petitioner/award debtor\" or \"Applicant\") has filed this application (hereinafter referred to as AP 486/2017) with this Court pursuant to Section 34 of the Arbitration & Conciliation Act, 1996, asking for the annulment of an arbitration award dated February 3, 2017, issued by the West Bengal State Micro Small Enterprises Facilitation Council ('WBSMSEFC' or 'Council'), in favor The award holder has petitioned this Court for the execution of the aforementioned arbitral award by filing an execution application (EC 330/2017) in accordance with Section 36 of the Arbitration & Conciliation Act, 1996. The parties have filed many interlocutory applications in both cases.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131712895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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