substantive due process

Two interesting, recent cases tell a very different story about the incorporation of the U.S. doctrine of substantive due process in Indian constitutional law. In Rajbala v. Haryana, (2016) 2 SCC 445, a two-judge bench …

In Chapter 6 of my book, Due Process of Law (published in 2011) [p. 177-206], I had argued that the “arbitrariness” test under Indian constitutional law, famously articulated by Justice Bhagwati in the Royappa and …

In a book published this month by the Eastern Book Company, entitled “Due Process of Law”, I analyze the doctrine of substantive due process, in particular its evolution in American constitutional law, and its emergence …

The September 9 opinion of the United States District Court (Central District of California) in the case of Log Cabin Republicans v. USA is available here. In its 85 page opinion, the court found fault …

1. The US Supreme Court’s latest opinion in the case of McDonald v. Chicago (available here) maps the trajectory of substantive due process doctrine, while holding that the second amendment right to bear arms for …

Tag: substantive due process

Substantive Due Process Update

Arbitrariness, “Doctrinal Looseness”, and other things…

Ask, and You Shall Receive

Due Process, Through the Barrel of a Gun