Compilation of Legal Terminology: Lex24.in

Compilation of Legal Terminology

Substantial Question of Law (SQOL)

A Substantial Question of Law is a legal issue that is significant and affects the interpretation or application of law in a case. It must be necessary for the resolution of the dispute and cannot be a simple or trivial question.

Basic Structure Doctrine & Limitations (BSDL)

The Basic Structure Doctrine holds that certain fundamental aspects of the Constitution cannot be altered or destroyed by amendments. Limitations refer to the boundaries within which this doctrine operates, ensuring that the core principles of the Constitution remain intact.

Basic Structure Doctrine Element (BSDE)

Elements of the Basic Structure Doctrine include essential features such as the supremacy of the Constitution, rule of law, separation of powers, and fundamental rights. These elements are considered inviolable and form the core of constitutional integrity.

Doctrine of Ultra Vires (DOUV)

The Doctrine of Ultra Vires means “beyond the powers.” It is a principle where actions taken by a government or corporate body that exceed the authority granted by law or constitution are deemed invalid.

Core Intrinsic of Constitutional Provision (CICP)

Core Intrinsic of Constitutional Provision refers to the fundamental and inherent principles embedded within the Constitution that guide its interpretation and application, such as justice, liberty, equality, and fraternity.

Basic Structure Doctrine Application (BSDA)

Application of the Basic Structure Doctrine involves courts reviewing constitutional amendments to ensure they do not alter or destroy the core principles and essential features of the Constitution.

Independence of Judiciary (IOJ)

Independence of Judiciary means that the judiciary operates free from external influences or pressures, ensuring fair and impartial administration of justice.

Principle of Constitutional Jurisprudence (POCJ)

Principles of Constitutional Jurisprudence are foundational concepts and doctrines that guide the interpretation and application of the Constitution, ensuring it serves justice and maintains order in society.

Principle of Natural Justice (PONJ)

Principle of Natural Justice refers to legal principles that ensure fairness in legal proceedings, including the right to a fair hearing and the rule against bias.

Independence of Tribunals (IOT)

Independence of Tribunals ensures that tribunals operate without undue influence from external sources, maintaining impartiality and fairness in their decisions.

Interpretation of Constitutional Provision (IOCP)

Interpretation of Constitutional Provision involves judicial analysis and explanation of the meaning, scope, and application of the text of the Constitution to ensure it is applied correctly in various legal contexts.

Alternate Dispute Resolutions (ADRs)

Alternate Dispute Resolutions are methods of resolving disputes outside traditional court proceedings, such as arbitration, mediation, and negotiation, aiming to provide faster and more amicable solutions.

Scope & Power of Judicial Review (SPJR)

Scope & Power of Judicial Review refers to the authority of courts to review the actions of the legislative and executive branches to ensure they are constitutional and do not exceed their powers.

Reasonable Restrictions Test & Principles (RRTP)

Reasonable Restrictions Test & Principles involve evaluating whether limitations on fundamental rights are justified, necessary, and proportionate to achieve a legitimate aim.

Interpretation of Statutory Provision (IOSP)

Interpretation of Statutory Provision is the process by which courts determine the meaning and application of laws enacted by the legislature.

Federalism & Separation of Powers (FSOP)

Federalism & Separation of Powers are principles that divide governmental authority between national and state governments and ensure that legislative, executive, and judicial powers are distinct and balanced.

Manifested Arbitrariness Test & Principles (MATP)

Manifested Arbitrariness Test & Principles evaluate whether a law or action is arbitrary, irrational, or unreasonable, thereby ensuring fairness and consistency in governance.

Test Laid Down & Principle Evolved (TLDPE)

Test Laid Down & Principle Evolved refers to judicially established tests and principles developed through case law that guide the application and interpretation of legal provisions.

Accountability Test & Principles (RATP)

Accountability Test & Principles ensure that public officials and institutions are held responsible for their actions, promoting transparency and integrity in governance.

Just, Fair, Reasonableness Test & Principles (JFRTP)

Just, Fair, Reasonableness Test & Principles are criteria used by courts to assess whether laws and administrative actions meet the standards of justice, fairness, and reasonableness.

Judicial Activism & Legislation (JAL)

Judicial Activism & Legislation involves the proactive role of the judiciary in interpreting laws and sometimes making new law through judicial decisions, often to address social issues and ensure justice.

Ingredients of the Basic Structure Doctrine (BSD)

– Separation of Powers (SOP): Divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

– Judicial Activism & Legislation (JAL): The judiciary’s role in actively interpreting and, at times, creating laws to promote justice.

– Judicial Accountability (JA): Ensures judges are responsible for their actions and decisions.

– Independence of Judiciary (IOJ): Maintains the judiciary’s autonomy from other branches of government.

– Principles of Judicial Review (PoJR): Guidelines for courts to evaluate the constitutionality of legislative and executive actions.

– Doctrine of Ultra Vires (DoUV): Ensures actions beyond legal authority are invalid.

– Scope of Judicial Review (SoJR): Defines the extent of judicial power to review and invalidate governmental actions.

– Principles of Jurisprudential & Administrative Law (PJAL): Legal theories and practices guiding judicial and administrative processes.

– Principles of Constitutional and Statutory Interpretation (PCSI): Rules for interpreting the Constitution and statutes to ensure they are applied correctly.

Alternative Dispute Resolutions taken by this board must be fair

Alternative Dispute Resolutions taken by this board must be followed by Reasonable Restrictions Test & Principals and must be supported by Manifested Arbitrariness Test Principals are equivalent to Doctrine of Ultra Vires with Just, fair, Reasonableness Test & Principles criteria alongwith Principles of Jurisprudential & Administrative Law it is our supreme accountability and must pass Accountability Test & Principles (RATP) i.e. denotes by

Framework for Alternative Dispute Resolutions

Alternative Dispute Resolutions (ADRs) undertaken by this board must adhere to the Reasonable Restrictions Test and Principles (RRTP) and be supported by the Manifested Arbitrariness Test Principles (MATP). These principles are equivalent to the Doctrine of Ultra Vires (DoUV) and must meet the criteria of Just, Fair, and Reasonableness Test & Principles (JFRTP), alongside the Principles of Jurisprudential and Administrative Law (PJAL). It is our supreme accountability to ensure that all ADRs pass the Accountability Test & Principles (RATP).

In summary:

ADRs + RRTP + MATP = DoUV + JFRTP + PJAL

For more information, contact 7800958009 or the undersigned.