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Constitutional Law I · Unit 2

Fundamental Rights I: State, Judicial Review, Equality, Freedoms, Life and Liberty

Unit 2 of Constitutional Law – I (syllabus: Module 2 — Articles 12 and 13 with the doctrines of eclipse, severability and waiver; Articles 14–18; Article 19; Articles 20 and 22; Articles 21 and 21A). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When is a body other than a government department the State for the purposes of Part III?
  • Does Article 13(1) wipe out a pre-Constitution law from the beginning?
  • Can a law that has been held void under Article 13 ever operate again?
  • Can a person give up a fundamental right by agreement or by conduct?
  • When does a law that treats one class differently survive Article 14?
  • Is a law valid under Article 14 merely because its classification is intelligible?
  • What makes a restriction on a freedom under Article 19 a reasonable one?
  • Is any procedure enacted by a legislature enough to satisfy Article 21?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit