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Byline: Debayan Roy The Supreme Court on Tuesday upheld the constitutional validity of Section 6A of the Citizenship Act of 1955, which deals with the grant of Indian citizenship to [...]

For the Balkinization symposium on Aileen Kavanagh, (https://www.amazon.com/Collaborative-Constitution-Cambridge-Studies-Constitutional/dp/1108493262) The Collaborative Constitution(Cambridge University Press, 2023). Aileen Kavanagh Of Norms and Forms As (https://balkin.blogspot.com/2024/09/collaborative-and-abusive.html#:~:text=Collaborative%20and%20Abusive%20Constitutionalism.%20Guest%20Blogger.%20For%20the%20Balkinization%20symposium) ProfessorStephen Gardbaum rightly observes, The Collaborative Constitution emphasisesthe [...]

Byline: Moneylife Digital Team The Editors Guild of India (EGI) welcomed the order from the Bombay High Court (HC), striking down as unconstitutional the Information Technology (IT) Amendment Rules of [...]

For the Balkinization symposium on Aileen Kavanagh, (https://www.amazon.com/Collaborative-Constitution-Cambridge-Studies-Constitutional/dp/1108493262) The Collaborative Constitution(Cambridge University Press, 2023). Mark Tushnet AileenKavanagh offers an extremely important alternative to the common way of organizingour thinking about [...]

On Thursday, Trump suffered back-to-back state and federal legal losses in his hush-money case. If he appeals to SCOTUS, Trump can 'shoe-horn' in a request that his conviction also be [...]

Byline: Satvik Varma Successive recent judgments of the Supreme Court of India have reaffirmed its commitment to constitutionalism. Successive recent judgments of the Supreme Court of India have reaffirmed its [...]

Byline: Abhimanyu Hazarika The Supreme Court on Monday lamented the fact that High Courts were setting deadlines for trial courts to complete trials and were denying bail on that ground. [...]

Byline: Bar Eminent scholar, lawyer and a political commentator, Abdul Ghafoor Majeed Noorani passed away on Thursday in Mumbai. He was aged 93. Noorani was a prominent figure in Indian [...]

NATIONAL CONFERENCE OF CONSTITUTIONAL LAW SCHOLARS THE REHNQUIST CENTER is pleased to announce the seventh annual National Conference of Constitutional LawScholars. This year’s event will be held at the historic [...]

Reading/skimming Democratizing Constitutional Law (Thomas Bustamente & Bernanrdo Goncalves Fernandes eds. 2016), in which I have a short essay on innovative processes of constitutional change in Iceland (now well known, [...]

Byline: PR Ramesh Why the Modi government wants to bring Waqf properties across the country within the framework of constitutional principles without hurting Muslim community sentiments IMAGINE YOU ARE AN [...]

Byline: Jelsyna Chacko Constitutionalism and Rule of Law: In a Theatre of Democracy, authored by former Supreme Court judge Justice AK Sikri, is a compelling look into the core values [...]

Byline: Swapnil Tripathi The Court has interpreted the Constitution quite literally without undertaking a detailed assessment of the spirit of the Delhi Municipal Corporation Act and the relevance of long-standing [...]

Byline: Anadi Tewari The Court found that Section 77A, which was introduced by a State-level amendment in 2021, gave unfettered powers to District Registrars to cancel documents related to immovable [...]

For the Balkinization Symposium onAlison L. LaCroix, (https://www.amazon.com/Interbellum-Constitution-Commerce-Federalisms-Reference/dp/0300223218) The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms(Yale University Press, 2024). Aaron Hall The Interbellum Constitution is a [...]

I have posted a draft of my latest essay, (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4911769) Teaching Constitutional Law Historically, on SSRN. Here is the abstract: This short essay explains why I teach the introductory constitutional [...]

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For the Balkinization Symposium onAlison L. LaCroix, (https://www.amazon.com/Interbellum-Constitution-Commerce-Federalisms-Reference/dp/0300223218) The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms(Yale University Press, 2024). Greg Ablavsky (file:///C:/Dropbox/Attachments/LaCroix%20Symposium%20Essays/Ablavsky%20-%20LaCroix%20symposium%20contribution.docx#_ftn1) [1] Though my graduate [...]

For the Balkinization Symposium onAlison L. LaCroix, (https://www.amazon.com/Interbellum-Constitution-Commerce-Federalisms-Reference/dp/0300223218) The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms(Yale University Press, 2024). Jonathan Gienapp Never, it seems, has constitutional [...]

My article, The Fluidity of Political Legitimacy: On Michelman’s Constitutional Essentials, is now published at Philosophy & Social Criticism, https://doi.org/10.1177/01914537241263290. You can find a non-paywalled version at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4346268. Here is [...]

Byline: Bar & Bench Varadarajan has nearly three decades of experience in in-house roles. Gandhimadhy Varadarajan has joined Turbostart as General Counsel and Goverment Relations. Varadarajan is a 1996 graduate [...]

RevaSiegel & Mary Ziegler In this post, we discuss the SupremeCourt’s most recent abortion decision in Moyle v. United States, inwhich a splintered Court addressed emergency obstetric litigation under federaland [...]

Thirteen young Hawaiians secured a monumental victory last week in a closely tracked case that strengthened children’s constitutional rights, documented transportation’s outsized role in producing planet-warming greenhouse gases, and underscored [...]

Byline: Bar & Bench Advocate Gaurav M Liberhan has joined Maitland Chambers, London as an Associate Member. Gaurav regularly appears in the Supreme Court, High Court, and the Tribunals in [...]

Byline: Rob Kozlowski William Atwood, executive director and chief investment officer of the $8.4 billion Illinois Firefighters' Pension Investment Fund, Lombard, is building out a private markets portfolio, now that [...]

Motivation: A key ethical implication for post-COVID recovery is the vital role of constitutionalism as the necessary and desirable element for balancing capitalism and democracy. The associated welfare theorem is that the common good requires all three dimensions functioning appropriately. Premise: This paper is a theoretical investigation into the nature of common good as an unavoidably messy resultant. Messy means complicated and unsatisfactory, in contrast to idealized. Viewing one dimension in isolation will emphasize ideal strengths of a preferred dimension while criticizing evident weaknesses of other dimensions. Approach: The paper develops three arguments. (1) The common good is unavoidably a messy resultant of complex interactions. (2) Business, like science and technology, should retain a relatively independent role. (3) Constitutionalism is an essential ethical framework for balancing markets and democracy. Results: For capitalism, common good occurs through relatively free markets and limited government. For democracy, relatively broad-scope government strongly regulates markets and outcomes. Unrestrained democracy tends toward authoritarianism and socialism. Unrestrained capitalism tends toward inequality and exploitation. To integrate capitalism and democracy, constitutionalism combines normative law with a system of checks and balances. Conclusions: Constitutionalism is the essential ethical dimension for keeping markets and democracy in balance. Business must have some relatively independent role rather than being subordinated to government. Authoritarianism and majoritarianism subordinate business to political preferences. Insufficiently regulated business abuses the common good. Consistency: The paper is consistent with the journal's purpose in addressing how business interacts with and affects society. Business owners and managers should support and promote constitutionalism. This conclusion is generalizable across national political systems. Keywords: capitalism, corporate social responsibility (CSR), democracy, ethics, markets, messy common good, socialism JEL Classification Codes: M14, N40, P12, INTRODUCTION The fundamental theoretical question concerning the relationship between business and society going into post-COVID recovery is whether society should dominate business, or business should dominate society, or business should [...]

Forthe Balkinization symposium on David Pozen, (https://www.amazon.com/Constitution-War-Drugs-Inalienable-Rights/dp/0197685455) TheConstitution of the War on Drugs (Oxford University Press, 2024). I am indebted to JackBalkin for organizing a symposium on my book, The [...]

Byline: Narsi Benwal The Court upheld the amended Section 53 of the Act, which sets the term of a patent at 20 years from the date of filing an application [...]

Byline: Anadi Tewari Notably, apart from holding that there is no repugnancy, the Court also held that the 2020 Act cannot be hit by Article 254 of the Constitution for [...]

Byline: Debayan Roy The Bench will also settle the position on Article 31C of the Indian Constitution, which protects laws enacted to secure the Directive Principles of State Policy. A [...]

Byline: Bar & Bench A first year team from National Law University Delhi bagged the first position at the 3rd National Moot Court competition held at IILM Gurugram. The team [...]

In a recent New York Times (https://www.nytimes.com/2024/03/29/opinion/supreme-court-originalism-tradition.html) essay, Marc De Girolami, a law professor at the Catholic University of America, offered a novel account of the jurisprudence of the contemporary [...]

One matter that's been largely unremarked upon indiscussions of Trump, January 6, and the abortive 'coup d'etat' (scare quotesbecause, compared to real coup attempts this one was a comic opera) [...]

What's happened? On March 23rd Hong Kong's Safeguarding National Security Ordinance came into effect, after its passage in the legislature. It meets the requirement of Article 23 of the Basic [...]