Principle

CONSTITUTIONAL LAW – Ouster of Court’s Jurisdiction – Effect of Military Decrees on Constitutional Provisions

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

During military regimes, Decrees had supremacy over the Constitution where they conflicted. The court gave effect to the Decrees. The principle is based on the doctrine of necessity. The unsuspended parts of the Constitution were subject to Decrees. The rule applies to ouster clauses and…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in