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The Constitutional Silence in Directive Principle

Moving from the Hohfeldian’s Jural Relations towards Kelsen’s Jural Norms:- Reading Constitutional Silences for the True Constitutional Scheme of Directive Principles Sanu Ranjan The “Great Silences of the Constitution”, represent the True Spirit of the Living Document, the spirit of its age and the “Inherent Constitutional Morality” which was infused by its Framers in those texts, behind and beyond their Textual and Literal meaning . Therefore, to begin with the importance of Constitutional Silence is to end with the melody of Constitution that lies in these poetic words of mine, “Hear, O! my Friend hear, For the Silences of Law are too dear! To be left unheard is to leave Truth and Justice, What shall then be left to inhere from the Morality that we preach? What shall then be left to infuse from the Ideals that Law teach? That the Constitutions are not words, of languages and grammars to be engraved, That the Constitutions are not documents, of Senators and Magistrates to be saved,

The Spirit of Ubuntu and the Human Dignity

The Healing Touch of South African Constitutional Jurisprudence The Spirit of Ubuntu and Human Dignity in South Africa:-  "A Garden where Humanity Breathes " “Justice boasts at the tribune, and harmony vaunts in the cottage, While the ghost of the law stands at the throne of the king. Into the heart's most trusty bond, and into love's secrets, Presses the sycophant base, tearing the friend from the friend. All thy holy symbols, O truth, deceit has adopted, And has e'en dared to pollute Nature's own voices so fair, That the craving heart in the tumult of gladness discovers; True sensations are now mute and can scarcely be heard.” When my constitutional soul is wounded by the Unconstitutional Acts on this Constitutional Day, I felt to go to a shrine where the Jurisprudence of Humanity breathes, in so far these wounds could have a healing touch, and like beloved, Oh! My Mistress, Law you have made me come into your Garden of Dignity, where I could

Juristic Conception of Still Born Law

The Positive Juristic Conception of Still Born Law  The Norm of Still Born Law:- Where Jurisprudence infuses Life  The Principle on Which I shall place my Constitutional Arguments is on the “Principle of   Still-Born Law”, which is raised by virtue of Article 13(2)& its “Legitimacy, in Context of Indian Constitution”.  I shall argue firmly on the Juristic Principles which have been raised in the series of Constitutional Law Cases. “As the Jurisprudence of a Law is for a Law, like Kant’s Good Will, which is not good because of what it effects or accomplishes, it is Good in itself. Even if by utmost effort the Good Will accomplishes nothing it would still shine like a Jewel for its own sake as something which has full value in itself”. The Life of “Jurisprudence” exists as long as Law ‘Breathes’ for “Cessante ratione legis, cessat et ipsa lex – when the reason for the Law ceases, the law itself ceases”. Thus,  in the search of  Jurisprudence of the  Law, as a Norm and its Birth &