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Law and Other Things

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Tag: substantive due process

Substantive Due Process Update

On May 8, 2016 By Abhinav Chandrachud In Uncategorized

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 …

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Arbitrariness, “Doctrinal Looseness”, and other things…

On June 5, 2013 By Abhinav Chandrachud In Uncategorized

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 …

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Substantive Due Process

On August 23, 2011 By Abhinav Chandrachud In Uncategorized

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 …

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Ask, and You Shall Receive

On September 10, 2010 By Abhinav Chandrachud In Uncategorized

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 …

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Due Process, Through the Barrel of a Gun

On July 5, 2010 By Abhinav Chandrachud In Uncategorized

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 …

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