Bibliography: p. 249-257.
|Statement||by P. H. Kooijmans. Pref. by Gesina H. J. van der Molen.|
|LC Classifications||JX4003 .K56|
|The Physical Object|
|Pagination||xii, 260 p.|
|Number of Pages||260|
|LC Control Number||64024640|
Additional Physical Format: Online version: Kooijmans, Pieter Hendrik. Doctrine of the legal equality of states. Leyden, A.W. Sythoff, (OCoLC) THE DOCTRINE OF LEGAL EQUALITY OF STATES By P. J. BAKER, M.A., Fellow of King's College, Cambridge, late Whewell Scholar in International Law. IT may well appear to the general student of international law that the present study is no more than a controversy about the use of words which, while it may be of academic interest, is of no practical importance. Annotations “Equality of constitutional right and power is the condition of all the States of the Union, old and new.” This doctrine, now a truism of constitutional law, did not find favor in the Constitutional Convention. DOCTRINE OF THE EQUALITY OF STATES ''Equality of constitutional right and power is the condition of all the States of the Union, old and new.'' This doctrine, now a truism of constitutional law, did not find favor in the Constitu tional Convention.
1 Sovereign equality is a fundamental axiomatic premise of the international legal order. It is the source of other very important principles such as the ban on the use of force and the prohibition of intervention (see also Use of Force, Prohibition of; Intervention, Prohibition of). Likewise, equality of states means that no other state can question the legality of official acts of another state, a rule known in U.S. law as the act of state doctrine. The doctrine of equality of states means one thing in legal effect, but it also must be reflected against the realities imposed by differences in political power. American Constitutional Evolution in Rule of Law Terms Constitutional Entrenchment of Rights Empire of Laws and not of Men Government of Laws is a Legal State Legal Doctrines of the Rule of Law Legal Service of the European Commission Legal-State-Doctrine in Germany Obstacles for the Realisation of the Rule of Law in Brazil Principle of the Legal State Reflections on the Rule of Law Rule of. In such situation, according to this doctrine of preemption, the state law in unconstitutional (again, refer back to supremacy clause) Commerce Clause located in Article 1, Section 8; states that the US Congress has the power to regulate Commerce with foreign nations, and among several states, and with the Indian Tribes.
The American revolution broke out, and the doctrine of the sovereignty of the people, which had been nurtured in the townships and municipalities, took possession of the State: every class was enlisted in its cause; battles were fought, and victories obtained for it, until it became the law of laws. Each member of the state is equal to every other member of the state before the law. Each has equal coercive right, that is, the right to invoke the power of the state to enforce the laws on one’s behalf. (Kant exempts the head of state from this equality, since the head of state cannot be coerced by anyone else). Likewise, equality of states means that no other state can question the legality of official acts of another state, a rule known in U.S. law as the act of state doctrine. The doctrine of equality of states means one thing in legal effect, but it also must be reflected against the . The Old and New Doctrines of Equality: A Critical Study of Nexus Tests and Doctrine of Non-Arbitrariness by V.K. Sircar * Cite as: () 3 SCC (Jour) 1. Article 14 "combines the English doctrine of the rule of law with equal protection of clause of the 14th Amendment. " — Das C.J. in Basheshar Nath , () Supp 1 SCR , Article 14 mandates that the State shall not deny.