Author: The Mandamus

The Genesis and Evolution of Certiorari The writ of certiorari stands as a testament to the common law’s capacity for adaptation, a legal instrument forged in the crucible of English monarchical power that has evolved into an indispensable tool for upholding the rule of law in modern administrative states. Its journey from a royal command to a cornerstone of judicial review reflects the profound transformations in Western governance, yet its core purpose—the supervision of inferior bodies by a superior court—has remained remarkably constant. Understanding this historical trajectory is essential to grasping its contemporary significance and application. From Prerogative Writ to…

Introduction: Framing the Enduring Debate The tension between judicial activism and judicial restraint represents a foundational and perpetual debate over the legitimate scope of judicial power within a constitutional democracy. At its core, this discourse addresses the profound question of the proper role of unelected judges in a system of government built upon the principle of separation of powers. While the terms “judicial activism” and “judicial restraint” are frequently deployed in political arenas as epithets to condemn or praise judicial outcomes, they signify deep-seated, competing philosophies regarding constitutional interpretation and the judiciary’s function as either a dynamic guardian of evolving…

I. Introduction: The Unwritten Promise of an Independent Judiciary Defining Judicial Independence: Beyond Separation of Powers to Institutional Integrity Judicial independence is the foundational concept that the judiciary must be, and must be seen to be, free from improper influence from other branches of government, private interests, or partisan pressures. It is the lifeblood of the rule of law and a non-negotiable prerequisite for democratic governance. This principle, however, extends far beyond the mere structural separation of the judiciary from the executive and legislative arms of the state. It is a multifaceted ideal encompassing decisional autonomy, which allows judges to…

Introduction: The Global Schism in Digital Privacy The global digital economy, built upon the seamless flow of data across borders, is confronting a fundamental and deepening philosophical schism. While data is universally recognized as a critical asset, the legal frameworks governing its protection are fractured along divergent constitutional and ethical lines. This report analyzes the data protection regimes of the European Union (EU), India, and the United States, revealing a primary fault line between two competing paradigms. The EU and India have adopted a “rights-based” approach, anchoring data protection in the constitutional principles of human dignity and fundamental rights. In…

1. Introduction: The Conceptual Framework of Asymmetric Federalism Asymmetric federalism represents a sophisticated and flexible model of governance designed to manage the complexities of diversity within a single state. At its core, it is a system in which different constituent units of a federation or union possess varying degrees of autonomy and powers, even though they may hold the same constitutional status.1 This model is frequently adopted as a pragmatic solution to address the dissatisfaction of one or more units that possess distinct ethnic, linguistic, or cultural needs that set them apart from the others.1 The inherent flexibility of this…

I. Introduction: The Paradox of Emergency and Governance Emergency powers represent a unique and often contentious aspect of modern governance. They are defined as the authority granted to executive officials to operate beyond normal legal constraints in response to urgent threats that cannot be effectively addressed through ordinary legislative or administrative procedures.1 This authority, which can be derived from constitutional provisions, statutory delegations, or even claims of inherent sovereign right, becomes a critical tool for states facing existential threats such as natural disasters or pandemics.3 At its core, the use of these powers embodies a profound paradox: the very act…

Introduction: The Dynamic Nature of Federalism Federalism is a constitutional mechanism for dividing power between a central government and subnational units, such as states, provinces, or Länder, so that each can exercise a degree of autonomy over certain policy areas while also sharing power over others.2 This dual structure combines “partial self-government with partial shared government” and is frequently adopted in culturally diverse or geographically large countries to ensure peace, stability, and democratic resilience.2 By decentralizing power, federalism can improve service delivery, protect against the over-concentration of authority, and create more opportunities for democratic participation.2 The concept of federalism is…

I. Introduction: The Mandamus Mandate in Democratic Governance A. The Genesis of Accountability In modern democratic governance, the principle of accountability—that those in positions of public power must answer for their actions—is a cornerstone of the rule of law. The judicial system, through the mechanism of judicial review, serves as a crucial check on administrative and executive power. Among the most potent instruments available to the judiciary for this purpose is the writ of mandamus. This centuries-old remedy, derived from English common law, has evolved from a tool of royal prerogative into a fundamental constitutional safeguard in the legal systems…

Executive Summary The writ of habeas corpus, a cornerstone of common law, serves as a vital safeguard against illegal and arbitrary detention. This report provides an exhaustive analysis of its application and significance within the legal systems of India, Pakistan, and Bangladesh. While these nations share a common legal lineage rooted in British colonial rule, their post-independence constitutional and statutory frameworks have evolved with distinct jurisprudential nuances. The analysis reveals a profound philosophical shift, transforming the writ from a mere procedural tool of the sovereign into a fundamental, constitutional right of the citizen. The report delves into the purpose, scope,…

I. Introduction: The Prerogative Writs as a Cornerstone of South Asian Constitutionalism 1.1. The Common Law Heritage and Post-Colonial Evolution The writ jurisdiction in South Asian constitutions is a direct legacy of English common law, a system of jurisprudence that was transferred to the region during British colonial rule.1 Historically, these writs, known as “prerogative writs,” were instruments of the Crown, issued by the monarch’s courts to ensure that public officials and lower tribunals performed their duties and acted within the bounds of the law. The five principal writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto—were seen as privileges of…