The National Green Tribunal in India: examining the question of jurisdiction

2018 ◽  
Vol 21 (2) ◽  
pp. 190-216
Author(s):  
Nupur Chowdhury ◽  
Nidhi Srivastava
Keyword(s):  
Climate Change ◽  
Supreme Court ◽  
Constitutional Amendment ◽  
Rhetorical Question ◽  
Environmental Disputes ◽  
The Supreme Court ◽  
The Subject ◽  
Limitation Periods

Can a tribunal deliver justice? By posing this rhetorical question this article attempts to contextualize the introduction of the tribunal system of adjudication in India. Some of these tribunals have been able to evolve into mechanisms that have overcome their birth infirmities. The Supreme Court has intervened and supported strengthening of these tribunals and their evolution into entities (if not fully but certainly) more independent of the executive. This article explores these questions through a case study of the National Green Tribunal (NGT)—specifically focusing on the subject of jurisdiction. NGT is the newest of the tribunals that have been established since the Constitutional amendment was passed allowing for them. The jurisdiction of the NGT, although statutorily limited, has evolved in the light of Supreme Court's jurisprudence on the powers of tribunals. Further, the nature of environmental disputes are such that the NGT has had to expansively interpret both procedural mechanisms, such as limitation periods for allowing more disputes to be brought to the bench, and by entering into substantive areas such as climate change.

Federalism and Unanimity: The Supreme Court and Constitutional Amendment

1983 ◽  
Vol 16 (4) ◽  
pp. 757-770
Author(s):  
Samuel V. LaSelva
Keyword(s):  
Supreme Court ◽  
Constitutional Amendment ◽  
Unilateral Action ◽  
Division Of Powers ◽  
Canadian Federalism ◽  
The Supreme Court ◽  
The Subject ◽  
Political Compromise

AbstractThe Supreme Court's decisions on constitutional amendment made possible and then sanctioned a political compromise which conflicts with the logic of the only provision of the BNA Act dealing with amendments to the division of powers. The implications of section 94 have been overlooked partly because judges are ill-disposed to arguments based upon the structure of the BNA Act, and partly because of Frank Scott's misleading essay on the subject. Scott's centralist interpretation of section 94 is untenable, largely because that section does not restrict provincial sovereignty or federalism but gives constitutional recognition to them. Section 94 also implies a formal amending procedure of unanimity: neither unilateral action by the federal Parliament nor substantial provincial consent has any application to the division of powers. Since the centralist interpretation of the Canadian constitution cannot be reconciled with a significant provision of the BNA Act, a conception of Canadian federalism is required which gives greater recognition to the constitutional autonomy of the provinces.

State Constitutional Law in 1934–35

1935 ◽  
Vol 29 (4) ◽  
pp. 610-630
Author(s):  
Charles G. Haines
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
Constitutional Amendments ◽  
Sole Purpose ◽  
The Supreme Court ◽  
The Subject ◽  
State Taxes ◽  
State Constitutional Law

Validity of Constitutional Amendments. The courts continue to scan with rather meticulous care the procedure for the adoption of constitutional amendments. Where the sole purpose of a proposed constitutional amendment under the initiative provisions of the constitution was to provide for the levy of a “syncrotax,” or a tax on the basis of gross receipts in lieu of all other state taxes, a petition with a short title reading “initiative measure providing for adoption of gross receipts act” was held fatally defective in view of the requirement that every initiative petition have a short title showing the nature of the petition and the subject to which it relates. But according to the supreme court of Florida, a proposal to amend the constitution need not have a title, need not be read on different days or at different times, and need not be concurred in by the governor. And the dissenting justices protested that the majority failed to uphold the requirement that a proposed amendment shall be entered upon the respective journals of the two houses with the yeas and nays, showing a three-fifths vote in favor of the amendment. There must be, however, a violation of express constitutional requirements for the courts to interfere with the procedure in the adoption of amendments.

A lesson in un-creativity: (R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd [2020] UKSC 52

2021 ◽  
Vol 23 (4) ◽  
pp. 344-349
Author(s):  
Joanne Hawkins
Keyword(s):  
Climate Change ◽  
Supreme Court ◽  
Decision Maker ◽  
National Policy ◽  
Policy Statement ◽  
Infrastructure Projects ◽  
The Earth ◽  
The Supreme Court ◽  
The Subject ◽  
Missed Opportunity

Plans for a third runway at Heathrow airport have been the subject of ongoing melodrama. In the latest instalment, (R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd [2020] UKSC 52), the Supreme Court comprehensively reversed the Court of Appeal's judgment, rejecting the finding that the decision maker acted unlawfully in designating the Airport National Policy Statement (ANPS). This commentary highlights that the Supreme Court judgment signals a missed opportunity to develop a more creative approach to the polycentric and dynamic issue of climate change in the context of nationally significant infrastructure projects. It argues that the decision is, if not wholly unexpected, a disappointing one.

scholarly journals A repercussão geral no recurso extraordinário e seu impacto na seara tributária / The overall impact on the extraordinary appeal and its impact on tax field

2018 ◽  
Vol 46 (2) ◽  
Author(s):  
Sebastião Sergio da Silveira ◽  
Alcides Belfort da Silva
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Constitutional Amendment ◽  
Economic Point ◽  
The North ◽  
The Supreme Court ◽  
American Law ◽  
The Subject ◽  
Speedy Trial ◽  
The Impact

Resumo: O presente trabalho tem por objetivo analisar o impacto do filtro processual instituído pela Emenda Constitucional nº 45, qual seja, a repercussão geral no recurso extraordinário e o seu propósito de celeridade processual junto ao Supremo Tribunal Federal. Trata-se de um requisito de admissibilidade do recurso extraordinário, que foi inspirado no direito norte-americano e tem como principal objetivo solucionar a crise vivenciada pela Suprema Corte. Para a verificação da repercussão geral deverá ser levada em consideração a existência, ou não, de questões relevantes do ponto de vista econômico, político, social, ou jurídico, que ultrapassem os interesses subjetivos da causa (CPC, §1º do art. 543-A), atual redação dada pelo NCPC nos termos do artigo 1.035. É justamente neste ponto a pertinência que guarda com o Direito Tributário, vez que tal ramo (ou setor, como preferem outros) impacta na vida do cidadão de maneira incisiva. Assim, a maioria das causas tributárias, devido ao seu impacto social e jurídico, desembocam no Supremo Tribunal Federal, sendo que a Corte é responsável por delimitar o tema da forma mais consentânea possível.Abstract: This study aims to analyze the impact of procedural filter established by Constitutional Amendment 45, which is the general impact on the extraordinary appeal and its aimed speedy trial by the Supreme Court. This is an extraordinary appeal admissibility requirement, which was inspired by the North American law and aims to resolve the crisis experienced by the Supreme Court. To check the general defense must take into account the existence or not of relevant issues from the economic point of view, political, social, or legal, exceeding the subjective interests of the cause. It is precisely at this point that the relevance guard with the Tax Law, since this branch (or sector, as they prefer other) impacts the life of incisively citizen. Thus, most of the tax claims, due to their social and legal impact, leading into the Supreme Court, and the Court is responsible for defining the subject of more consistent as possible.

scholarly journals Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

2021 ◽  
pp. 1-10
Author(s):  
Lieneke Slingenberg
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Migrant Families ◽  
The Supreme Court ◽  
Judicial Discourse ◽  
Major Shift ◽  
New Interpretation ◽  
Irregular Migrant ◽  
Court Of Appeal

In September 2012, the Dutch Supreme Court upheld a judgment of the Hague Court of Appeal that the eviction from basic shelter of a mother and her minor children, who did not have legal residence in the Netherlands, was unlawful. This ruling was instigated by a radically new interpretation of the European Social Charter’s personal scope and caused a major shift in Dutch policy. This article provides a case study into the legal reasoning adopted by the Court of Appeal and the Supreme Court. It argues that, instead of relying on legal doctrinal reasoning for justifying the outcome, both courts referred to factors that the general public relies on to assess people’s deservingness of welfare. This finding raises fundamental questions about the relationship between human rights law and deservingness; and calls, therefore, for further research into the relevance of deservingness criteria in judicial discourse.

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

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