Unwritten Constitutional Principles Like Democracy Is Part Of Constitution; But Cannot Be Used As Bases For Invalidating Legislation: Canada Supreme Court

The Supreme Court of Canada (5:4) observed that 'unwritten constitutional principles' like democracy, though part of Constitution, cannot be used as bases for invalidating legislation.The court was considering a challenge against a law viz. Better Local Government Act, 2018, reducing the size of Toronto City Council wards from 47 to 25. The City and two groups of private individuals...

Children Born To Parents Outside Marital Bond Are Blameless; Differential Treatment Towards Them Unconstitutional: South Africa Constitutional Court

The Constitutional Court of South Africa observed that differential treatment of children "born out of wedlock" is unconstitutional.To condemn children for the nature of their parents' relationships, is in inconsistent with our constitutional values and has no place on our statute books, the court held.The court held that a provision in the Births and Deaths Registration Act which prohibits...

Media Liable For Defamatory Comments By Third Party Users In Its Facebook Page: Australia High Court

The High Court of Australia held that a media company can be held liable for defamatory comments made by the third party users in its Facebook page.By the creation of a public Facebook page and the posting of content on that page, facilitated, encouraged and thereby assisted the publication of comments from third-party Facebook users, the court held while dismissing the appeal filed by...

Heartbeat Act: Stringent Abortion Law Comes Into Force In Texas As US Supreme Court Refuses Stay

The Supreme Court of the United States (by 5:4 majority) refused to stay a law enacted by Texas effectively banning abortions as early as six weeks into the pregnancy.The law thus came into force on 1st September 2021.The new law viz. Texas Heartbeat Act, makes it unlawful for physicians to perform abortions if they either detect cardiac activity in an embryo or fail to perform a test to...

Basic Structure Doctrine Applicable In Kenya: Kenyan Court Of Appeals Holds Constitutional Amendment Bill 2020 Unconstitutional

The Kenya Court of Appeals, in a landmark judgment delivered on Friday, held that the 'basic structure doctrine' is applicable in Kenya.The basic structure of the Constitution can only be altered through the Primary Constituent Power which must include four sequential processes namely: civic education; public participation and collation of views; Constituent Assembly debate; and ultimately,...

Pakistan Supreme Court Takes Cognizance Of Attack On A Hindu Temple In Rahim Yar Khan City

The Supreme Court of Pakistan has taken a suo motu cognizance of the attack on a Hindu temple (of Lord Ganesha) in village Bhong of Rahim Yar Khan in Pakistan. The Supreme Court of Pakistan has issued a press statement in this regard which states that Member of National Assembly and Patron in Chief of Pakistan Hindu Council Dr. Ramesh Kumar called on the Chief Justice of Pakistan Mr....

Nepal Supreme Court Constitution Bench Reinstates Dissolved House Of Representatives

The Supreme Court of Nepal (Constitution Bench) today reinstated the dissolved House of Representatives for the second time in nearly five months. The Chief Justice-led five-member Constitution Bench has also ordered the appointment of Nepali Congress President Sher Bahadur Deuba as the Prime Minister within two days.Nepal's Supreme Court [Constitution Bench] reinstates dissolved House...

George Floyd Murder: Ex-Police Officer Derek Chauvin Sentenced To 22.5 Years In Prison

Former Minneapolis police officer Derek Chauvin has been sentenced to 22 and a half years (270 months) in prison on Friday for the murder of African American George Floyd and the sentence in this regard was delivered by Judge Peter A. Cahill of Hennepin County District Court. George Floyd was killed last year while getting arrested by the police in Minneapolis, Minnesota on May 25th,...

Right To Life Is The Mother Of All Rights: Malawi Supreme Court Holds Death Penalty Unconstitutional

The Malawi Supreme Court of Appeal has declared that the death penalty is unconstitutional."The essence of the right to life is life itself-the sanctity of life. The right to life is the mother of all rights. Without the right to life other rights do not exist. The death penalty not only negates, it abolishes the right.", the Court (8:1) observed in its judgment.The court observed thus...

Google v. Oracle : Perspectives on Copyright, Fair Use and Industry Implications

On 5th April 2021 the United States Supreme Court (USSC) finally delivered its verdict on the most keenly watched copyright dispute of this century. USSC's 6-2 decision is a big win for Google as it overturned the 2018 decision of Court of Appeals for the Federal Circuit which decided in favour of Oracle. USSC held that Google's use of the Java Application Program Interface was a fair use as...

Google's Copying Of Oracle's Java SE API Was 'Fair Use', Holds US Supreme Court

Putting an end to a decade long copyright battle between Google and Oracle, the Supreme Court of United States, held that Google's copying of the Java SE API was a fair use of that material.The court (6:2) noted that the API included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program.Oracle had sued Google...

Recording Sexual History Of Rape Victim By Carrying Out "Two-finger Test" Or "Virginity Test" Unconstitutional: Pakistan Supreme Court

The Supreme Court of Pakistan observed that recording sexual history of the victim by carrying out "two-finger test" (TFT) or the "virginity test" is unconstitutional.Dragging sexual history of the rape survivor into the case by making observations about her body including observations like "the vagina admits two fingers easily" or "old ruptured hymen" is an affront to the reputation and...