Constitution
-
Case 6: The Use Of Motorcycle Helmets (Indirect Effect) | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
Alvin has chosen to live a carefree life full of risks and thrills. He declines to assume the duty of safeguarding himself and to wear a protective helmet during his motorcycle expeditions. All participants are competent adults, fully informed, capable of acting rationally, and free from undue pressure. The discussion of whether an individual should…
-
Case 3, 4 & 5: Conflictual Jural Relationships | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
Case 3: Dinner with Friends Alvin has organized a dinner party for friends. However, he has decided to exclude Beto based on discriminatory grounds. Beto insists on his right to be invited. Case 4: Private School Alvin is the proprietor of a private school that has decided to exclude Beto on discriminatory grounds. Beto insists…
-
Case 2: Voluntary Intoxication (Self Regarding Acts) | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
In his personal life, Alvin engages in alcohol consumption, which temporarily hinders his ability to perform tasks requiring rapid decision-making and physical agility. We will assume that his actions do not harm other individuals. Beto is worried about Alvin. He wonders if he can legally intervene and force him to change his habits. All participants…
-
Case 1: Right to Exclude | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
Alvin is the owner of the land upon which his home is situated. He has demarcated the boundaries of his property with a fence and visible signs indicating that he does not wish to allow trespassers to enter. Alvin’s property is located at the midpoint between Beto’s residence and the city. Beto exercises caution and…
-
The Absence Of A Factual Conflict Of Rights | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
We will distinguish between non-conflictual jural relationships, which contain elements that do not admit or require external legislation, but rather internal legislation, and conflictual jural relationships, which must be resolved in order to reestablish a peaceful state of no-right. We inquire into the role of the principle of individual autonomy in the context of non-conflictual…
-
The System Of Reciprocal Duties | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
We will argue that the sphere of duties towards oneself serves as the basis for the entire system of reciprocal duties. The prima facie duties towards oneself are the reasons that allow the conscience to act as an internal judge in order to comply with the duty. This process constitutes the initial step of a…
-
Bail as Exception: The Parallel Legal Order Created by Special Criminal Law
The bail jurisprudence in India is based on the premise that bail is the rule, jail is the exception as observed in the case of Gudikanti Narasimhulu v. Public Prosecutor[i]. This principle originates from Article 21 which stipulates that any restraint on liberty of the individual must be balanced on just, fair and reasonable procedure…
-
The Bail-to-Trial Gap: How India’s Undertrial Crisis Transforms Punishment Into Process
1. Introduction: The Constitutional Paradox of Preventive Incarceration. One of the cases involved Rajesh Kumar, who spent 1247 days in Tihar Jail, accused of stealing a mobile phone worth 8,000. The magistrate finally acquitted him at the end of his trial in 2019, but by then, he had lost his job as a daily wage…
-
Discretion Without Doctrine: How Bail Jurisprudence Normalised Constitutional Uncertainty in India
Abstract Bail jurisprudence in India operates at the fault-line between the State’s coercive authority and the individual’s constitutional entitlement to personal liberty. While the Supreme Court has consistently recognised bail as a constitutional safeguard rather than a mere procedural concession, contemporary practice reveals a system marked by doctrinal fragmentation and institutional unpredictability. This article argues…
-
The Development of Representative and Class Action Suits in India
Collective legal action, where groups of persons affected by a similar legal issue seek redress in a single proceeding, is an important facet of modern litigation. Globally, this mechanism has taken many forms, with class action suits particularly associated with the United States. India, though not possessing a formal class action regime identical to those…