Indian Constitutional Law and Legal System Fundamentals
Powers and Functions of the President of India
Weightage: 7.5 Marks
The President of India is the constitutional head of the Union Executive. The executive power of the Union is vested in the President, who exercises it according to the Constitution.
1. Executive Powers
- The President appoints the Prime Minister.
- Other ministers are appointed by the President on the advice of the Prime Minister.
- The President appoints important constitutional authorities such as the Attorney General, Governors, and the
Comparative Legal Systems and the Legal Profession
Brest State University: History and Academic Life
Brest State University was founded in 1945 as a Teachers’ Training Institute and became a university in 1995. It is named after Alexander Pushkin. The university occupies several academic buildings, including an old building, a sports complex with gymnasiums and a swimming pool, and a seven-story building with a library, canteen, laboratories, and lecture halls.
Students have four hostels, a winter garden, an agricultural and biological station, and
Read MorePublic vs Private International Law: Key Concepts
Public vs. Private International Law
Public international law regulates relations between states and international organizations. In contrast, private international law regulates legal relations between individuals that involve a foreign element.
The Role of Legislation
Legislation is a critical source of private international law because it provides clear legal rules regarding:
- Nationality
- Jurisdiction
- Conflict of laws
Courts rely on these established rules to resolve international private disputes effectively.
Read MoreEssential Legal English Vocabulary and Terminology
Legal Professions
- Attorney: Lawyer qualified in the USA. (Abogado en EE.UU.)
- Barrister: Lawyer who represents clients in higher courts. (Abogado litigante)
- Lawyer: General legal professional. (Abogado)
- Solicitor: Lawyer who advises clients and prepares legal documents. (Abogado asesor)
- Acting for: Representing a client. (Representar)
- Advocacy: Speaking on behalf of a client. (Defensa jurídica)
- Appear: Act in court. (Comparecer)
- Judge: Person who decides cases. (Juez)
- Litigation: Court proceedings. (Litigio)
EU Judicial Cooperation and Schengen Border Controls
Judicial Cooperation in Criminal Matters
Judicial cooperation in criminal matters is a core component of the Area of Freedom, Security and Justice (AFSJ). It aims to ensure security in the EU by combating cross-border crime. Its purpose is to facilitate cooperation between police, customs, and other law enforcement authorities of Member States (MS) regarding criminal offenses. This is essential in an area with no internal borders, as the free movement of persons must not be exploited by organized
Read MoreExtraterritorial Jurisdiction and ECHR Human Rights Cases
State Invasion and Effective Jurisdiction
When a State invades another and commits human rights violations in that territory, the ECHR may still apply if the invading State is deemed to exercise “effective jurisdiction” over the occupied area. This has been confirmed by the ECtHR in multiple cases (such as Loizidou v. Turkey, concerning the occupation of northern Cyprus).
Article 1 of the Convention requires States to respect the rights of everyone within their jurisdiction. Although jurisdiction
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