Justice Seekers Law Associates

  Liversidge v. Anderson [1942] AC 206 (House of Lords) Background / Facts During World War II , the UK government exercised emergency powers under Regulation 18B of the Defence (General) Regulations, 1939 . Regulation 18B allowed the Home Secretary to detain a person if he had “reasonable cause to believe” that the person was of hostile associations. Robert Liversidge was detained without trial. He challenged his detention, arguing that: The Home Secretary had no reasonable grounds . Courts should examine whether the belief was objectively justified . Legal Issues What does “reasonable cause to believe” mean? Can courts review the reasonableness of the executive’s belief? How far should courts defer to the executive during wartime? Majority Judgment (4:1) Held: Detention lawful. Key Reasoning: “Reasonable cause to believe” means the Home Secretary’s subjective satisfaction , not objective review. Courts should not second-guess executive ...

  ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521 (Also known as the Habeas Corpus Case) Bench Chief Justice A.N. Ray Justices M.H. Beg, Y.V. Chandrachud, P.N. Bhagwati Dissent: Justice H.R. Khanna Background / Facts In June 1975 , a National Emergency was declared under Article 352 on grounds of internal disturbance. The President issued an order under Article 359 , suspending the right to move courts for enforcement of Articles 14, 21, and 22 . Thousands of people, including political leaders, were detained under the Maintenance of Internal Security Act (MISA), 1971 . Several detainees filed habeas corpus petitions in High Courts. Many High Courts held that detention could still be challenged if it was illegal or mala fide . The Union Government appealed to the Supreme Court . Issues Whether a person can file a writ of habeas corpus during Emergency when Article 21 is suspended? Whether right to life and personal liberty exists independe...

  Vietnam War (1955–1975) Background / Causes Colonial Legacy Vietnam was part of French Indochina until WWII. After WWII, nationalist forces (led by Ho Chi Minh ) sought independence. France attempted to reassert control → First Indochina War (1946–1954) → French defeated at Dien Bien Phu . Geneva Accords (1954) Temporarily divided Vietnam at the 17th parallel : North Vietnam → Communist (Ho Chi Minh) South Vietnam → Anti-Communist, supported by the U.S. Intended elections for reunification were never held , escalating tensions. Cold War Context U.S. adopted containment policy to stop the spread of communism in Asia ( Domino Theory ). North Vietnam supported by Soviet Union and China ; South Vietnam backed by U.S. and allies . Major Phases Advisory Phase (1955–1964) U.S. sent military advisors to train South Vietnamese forces. Viet Cong (communist guerrillas) increased insurgency in South Vietnam. Escalation / Full U.S...

  LaGrand Case (Germany v. United States of America) ICJ Reports 2001, p. 466 Parties Applicant: Germany Respondent: United States of America Background / Facts Karl and Walter LaGrand , German nationals, were arrested in Arizona (USA) for murder. They were not informed of their right to consular assistance under Article 36(1)(b) of the Vienna Convention on Consular Relations (VCCR), 1963 . Both were convicted and sentenced to death . Germany learned of the case years later , when appeals were almost exhausted. Germany instituted proceedings before the ICJ and requested provisional measures to stay Walter LaGrand’s execution. The ICJ ordered the USA to take all measures at its disposal to prevent the execution. The USA failed to comply , and Walter LaGrand was executed. Legal Issues Does Article 36 VCCR create individual rights enforceable by States? Are ICJ provisional measures legally binding ? Did the USA breach its obligat...

  Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) ICJ Reports 1970, p. 3 Parties Applicant: Belgium Respondent: Spain Background / Facts Barcelona Traction was a company incorporated in Canada . Most of its shareholders were Belgian nationals . The company operated mainly in Spain . Spain declared Barcelona Traction bankrupt and took measures that allegedly caused serious financial loss. Belgium brought a claim against Spain on behalf of its nationals (shareholders) , alleging denial of justice and unlawful acts. Legal Issues Which State has the right to exercise diplomatic protection of a company? Can a State protect shareholders for injury to a foreign-incorporated company ? Are there obligations in international law owed to the international community as a whole ? Arguments Belgium: The real economic interests were Belgian. Spain’s actions harmed Belgian nationals (shareholders). Belgium had standing to bring...

  North Sea Continental Shelf Cases (1969) ICJ Reports 1969, p. 3 Parties Applicants: Federal Republic of Germany (West Germany) Respondents: Denmark and the Netherlands (Germany v. Denmark; Germany v. Netherlands — heard together) Background / Facts The dispute concerned delimitation of the continental shelf in the North Sea , an area believed to be rich in oil and gas. Denmark and the Netherlands argued that the equidistance principle (median line) should apply. Germany opposed equidistance because: Its concave coastline would result in a much smaller shelf area. Germany was not a party to the 1958 Geneva Convention on the Continental Shelf, which included the equidistance rule. Legal Issues Was the equidistance principle binding on Germany as customary international law? What principles should govern continental shelf delimitation in the absence of a binding treaty? How does customary international law form? Arguments Denmark...

  Marbury v. Madison (1803) 📍 Court Supreme Court of the United States 👥 Parties Plaintiff: William Marbury Defendant: James Madison (Secretary of State) 📜 Facts of the Case In 1801, outgoing President John Adams appointed several judges (“ midnight judges ”). William Marbury was appointed Justice of the Peace . His commission was signed and sealed but not delivered before Adams left office. New President Thomas Jefferson ordered Secretary of State James Madison not to deliver the commission. Marbury filed a case directly in the Supreme Court, asking for a writ of mandamus to compel Madison to deliver it. ⚖️ Legal Issues Did Marbury have a right to the commission? If yes, was there a legal remedy? Could the Supreme Court issue a writ of mandamus under its original jurisdiction ? 📖 Laws Involved Article III of the U.S. Constitution Judiciary Act of 1789 , Section 13 🧠 Court’s Reasoning (Chief Justice John Marshall...

  Brown v. Board of Education of Topeka (1954) 📍 Court Supreme Court of the United States 👥 Parties Plaintiff:   Oliver Brown  (on behalf of his daughter,  Linda Brown ) Defendant:   Board of Education of Topeka, Kansas 📜 Facts of the Case Linda Brown, an African-American child, was  denied admission  to a white public school close to her home. She was forced to attend a  segregated Black school  much farther away. The segregation was legal under the doctrine of  “separate but equal”  established in  Plessy v. Ferguson (1896) . ⚖️ Legal Issue Does racial segregation in public schools violate the  Equal Protection Clause  of the  14th Amendment  of the U.S. Constitution? 📖 Law Involved 14th Amendment  – Equal Protection Clause 🧠 Arguments Plaintiffs argued: Segregation creates a sense of  inferiority  among Black children. Separate educational facilities are  inherently unequal . Defe...