Flynt Leverett worked as a senior director for Middle East affairs at the National Security Council, the NSC, and he was a CIA analyst. representativepress.blogspot.com The Bush Administration has committed fraud before. See background information on the fraud committed by the Bush Administration to get us into the Iraq War: The Problem Was Not “Faulty Intelligence,” the Problem Was Dishonestly Selecting And Omitting Intelligence representativepress.blogspot.com Senate Hearing on Iraq Pre-War Intelligence representativepress.blogspot.com US Intelligence About Iraq Didn’t Really Fail, It Was Manipulated representativepress.blogspot.com Beyond all reasonable doubt, the Bush Administration is guilty of the high crime of lying our nation into war. representativepress.blogspot.com Read Dealing with Tehran by Flynt Leverett here: www.newamerica.net See video: Elliott Abrams is another NeoCon that doesn’t respect the Constitution www.youtube.com
The constitution of India has defined the word STATE for the purpose of Part –III and Part IV.
In STATE OF WEST BANGAL V/S SUBODH GOPAL BOSE, the SC observed that the object of Part III is to provide protection to the rights and freedoms guaranteed under this part by the invasion of State.
Part III and Part IV carry a theme of Human Rights, Dignity of Individual and also of the unity and dignity of the nation.
These parts respectively as a Negative Obligation of the State and not to Interfere with the Liberty of the Individual, and Positive Obligation of the State to take steps for the welfare of the Individual.
Sate under Art 12 of the constitution has Four Components:
1. The Government and Parliament of India
Government means any department or institution of department; Parliament shall consist of the President, the House of People and Council of State.
The Government and Legislature of each State.
State Legislatures of each State consist of the Governor, Legislative Council, and Legislative Assembly or any of them.
All Local Authorities and;
It means, Municipal boards Panchayats, Body of Port Commissioner, and other legally entitled to or entrusted by the government.
Other Authorities within the territory of India or under the control of Government of India.
The first two categories included the legislative and executive wings of the Union and State in all their possible varieties. They are quite specific and self explanatory.
The letter two categories, particularly the last are not so specific and require some explanation. To give a wider dimension to FR the Judiciary has interpreted “State” in different context at different time.
Principle of Ejusdem Generis:
In University of Madras v/s Santa Bai ,the Madras High Court evolved the principle of ejusdem generis i.e. of the like nature. It means that those authorities are covered under the expression ‘other authorities which perform governmental or sovereign functions.
In Ujjam Bai v/s Union of India the Supreme Court rejected the principle of ejusdem generis .It observed that there is no common genus between the authorities mentioned in Article 12. And by giving the reference of Art 19 (1) (g), and Art 298 which contemplated engagement of state in the performance of commercial activity, and Art 46 promotion of education or economic interest.
In Rajasthan State Electricity Board v/s Mohan Lals it was held that to be State, it is not necessary that the authority must be performing governmental or sovereign functions .It should- ( i ) Be created by the Constitution of India; (ii ) Have power to make laws;
In R.D.Shetty v/s International Airport Authority, the Court laid down five tests to be an other authority- ( i ) Entire share capital is owned or managed by State. ( ii ) Enjoys monopoly status. ( iii ) Department of Government is transferred to Corporation. ( iv ) Functional character governmental in essence. ( v ) Deep and pervasive State control.
( f ) Object of Authority In Ajay Hasia v/s Khalid Mujib the Court observed that the test to know whether a juristic person is State is not how it has been brought but why it has been brought.
( g ) Clearance of five tests In Union of India v/s R.C.Jain , to be a local authority, an authority must fulfill the following tests- ( i ) Separate legal existence. ( ii ) Function in a defined area. ( iii ) Has power to raise funds. ( iv ) Enjoys autonomy. ( v ) Entrusted by a statute with functions which are usually entrusted to municipalities.
In Prem Garg v/s Excise Commissioner H.P. the Supreme Court held that when rule making power of judiciary is concerned, it is State. Other jurists say that since judiciary has not been specifically mentioned in Article 12, it is not State, therefore if the Judge or magistrates are not note State while there are functioning as a Judiciary. But if they are also functioning as Administrator then they will be treated as State within the meaning of Art 12. The Chief Justice of High court shall have functions in dual role :
Chief Justice of High Court
Chief Administrative of High Court.
If any citizen aggrieved by the act of the Chief Justice , while he was function as chief administrator of the high court then that chief justice has no remedy and he shall be treated as a State under the Art 12.
Conclusion The word ‘State’ under Article 12 has been interpreted by the courts as per the changing times .It has gained wider meaning which ensures that Part-III can be applied to a larger extent. We hope that it would continue to extent its width in coming times.
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The American Constitution Society for Law and Policy (ACS) today released two books on the Constitution that will shape the ongoing debate over how to interpret our nation’s founding document. The lead book, Keeping Faith with the Constitution, articulates a vision of the Constitution and an approach to interpretation that is faithful to the words of the document and at the same time has enabled the Constitution to retain its relevance for each new generation of Americans.
Keeping Faith with the Constitution was written by Goodwin Liu, Pamela S. Karlan and Christopher H. Schroeder. A companion volume called It Is a Constitution We Are Expounding: Collected Writings on Interpreting Our Founding Document, was edited by Pamela Harris and Karl Thompson, with a foreword by Professor Laurence H. Tribe. The books provide an accessible and compelling approach to constitutional interpretation and explain why the U.S. Constitution is the world’s most enduring written constitution.
“These books offer a fresh, affirmative vision of what the Constitution means and how to interpret it,” said Acting ACS Executive Director David Lyle. “They lay bare the flaws and inconsistencies that plague originalism, and provide a clear and rigorously argued alternative approach. These works are an important contribution to the debates that shape our nation, debates in which members of the American Constitution Society play a vital role.”
Keeping Faith examines the text and history of the Constitution to show how the Framers inscribed the fundamental values of liberty, equality and democracy into the document. The authors describe what they call “constitutional fidelity,” a principle that “serves not only to preserve the Constitution’s meaning over time, but also to maintain its authority and legitimacy. The words and principles of the Constitution endure as our fundamental law because they have been made relevant to the conditions and challenges of each generation through an ongoing process of interpretation.”
“Overall, the Constitution is a profoundly visionary document,” write the authors. “It advanced a new model of effective governance and democratic rule. Its text and structure express general principles that further the guiding purposes stated in the Preamble. And the amendment process has enlarged our basic commitments to liberty, equality, and democracy. Our Constitution thus reflects, in a spare outline, the moral trajectory of a nation continually striving for greater justice.”
Authors Liu and Karlan and editor Harris were joined by Charles J. Cooper, a former assistant attorney general in the Reagan administration, in a discussion of Keeping Faith moderated by Slate Senior Editor Dahlia Lithwick at the National Press Club.
More information about the books is available here. Contact the ACS Communications Department to arrange interviews with the authors.
The American Constitution Society for Law and Policy is one of the nation’s leading progressive legal organizations, comprised of lawyers, judges, students and policy makers committed to promoting the vitality of the Constitution and the fundamental values it expresses. The views of the authors and speakers are their own and should not be attributed to ACS. For more information about ACS, visit www.ACSLAW.org.
Their national politics were changed in praxis almost completely. The modern principles of secularism and humanism have influenced most of their laws concerning human rights, religious tolerance, freedom of conscience etc.
After all this, it is clear that the media has got the opportunity to write and publish everything. The people are free to say anything they want, or anything that would interest their customers. If you are a writer, then you try to get something curious in order to become very popular. Sometimes it is very difficult to get such interesting topic and then you start to look for it in world politics, daily news, religious life and so on. You can look for such news and articles for example at http://www.sosGlobe.com
Some authors are successful. They find a serious topic and make really interesting story out of it. But some of them are working just superficially: they get some issue, which they don’t understand exactly and try to make a great noise from that. They publish nothing but rubbish with their illogical speculations.
The same process you may find also in sciences and arts. Everywhere you see how ordinary people and media sources are trying to become under spotlight. But the most tragic point is, that they violate traditional and religious values of other nations.
Is this a way to express your hate? To make other people feel pain? To punish them for their traditional customs? To laugh on their sacred dogmas? We don’t know exactly. But it’s clear that this cannot be acceptable. The law about opinion’s freedom must be crowned with the norm of respect before others. If you don’t respect other cultures, religions, customs and nations, than you will live always in conflict with them. What will it bring us?
On the other hand, we have also to condemn any violence. The human history shows us enough examples of big and small violent conflicts. They brought nothing but disasters, hunger, hate and death. Why you want to repeat it again? Will you be happier after killing or being killed?
All religions say that the real happiness is in love. You have to love your God, His creations and your brothers and sisters, even if they are acting unjust against you! All world religions are teaching us to be patient and hospital towards foreigners. So when we know this how can we still hate and destroy each other?
All tragedies and unworthy wars tell us, that it is enough! This is the time of reconciliation. We have to stop every aggression in both – theoretical and practical ways. There were enough innocent offers, so let’s act to stop in the future. Two suggestions would be very helpful for us in this situation:
– For Europeans and other Western citizens: You have to be careful with your liberal ideas. Not everybody is ready to think in the same way like you. So think more about studying other cultures and religions.
– For people in Orient: You have to reduce your emotions. The resolution of problem may be reached not only with weapons but also with normal discussions. You can speak openly about your problems and be sure that there are also such people and organizations in Western world, who can understand and support you.
– For all of us: It is necessary to remember that we live in the one and same world. We can’t ignore each other and live in egoistic happiness, because it will not work.
Harut Harutyunyan is a Ph.D. candidate in Theology from University of Munster and is the editor of http://www.sosGlobe.com that provides news and research information on global peace and religious issues.
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