Tag: Constitution
-
Sovereignty on Trial: The Aftermath of Article 370
[By Harshita Saraf, third year B.A. LL.B. student at WBNUJS, Kolkata] I. The Prism of Sovereignty: How Jurisprudence Shapes Legal Interpretation Perhaps, there is no single, objective reality to any fact; it is shaped by the narrative through which it is told. Law, too, exists in a similar interpretive space, where every legal event is…
-
The Algorithmic Ghost: A Jurisprudential Inquiry into Digital Remains
[By Utkarsh Rai, First Year B.A. LL.B. (Hons.) student at NUSRL, Ranchi] I. Introduction: The Rise of Thanatechnology The legal maxim “actio personalis moritur cum persona” a personal right of action dies with the person, has long served as the biological guillotine of the law. It assumed the fact that personality was essentially bound to…
-
Allocative Silence: Threshold-Normativity and the Collapse of Whittington’s Distinction
[By Devansh Shrivastava, Fourth Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] The central anxiety of constitutional theory is the “counter-majoritarian difficulty”. In a democracy, the legitimacy of unelected judges striking down laws enacted by elected representatives is perpetually suspect. The aim then is to ensure that judges function as faithful agents of the text…