Tuesday, July 06, 2010

Due Process, Through the Barrel of a Gun

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 self defense applies against the states.

2. I had discussed in this op-ed piece in the Hindu some time ago how the Selvi and R Gandhi cases were Indian substantive due process cases.

1 comment:

anon said...

how can it be said that r gandhi used substantive due process?

due process in terms of A. 14 always existed in the sense of reasonable classificantion, object of the Act or discrimination

but saying that due process of r gandhi is like due process of selvi is fallcious because r gandhi uses a. 14 and not A. 21 while selvi uses A. 21.