5 Matching Annotations
  1. Sep 2017
    1. One could conceivably argue that just as these personal decisions about medical procedures are insulated from the state power, so, too, should be the decisions someone makes about whether to receive a particular kind of psychiatric or psychological treatment.

      Except states regularly infringe upon these rights and/or limit/remove the means of exercising such rights

    2. Thus, the Court has drawn on the Constitution—and specifically its “due process” requirements and the safeguards they raise against arbitrary restrictions on bodily freedom—to assure that government does not impose such treatment on prisoners or mental patients without powerful reasons.

      This is false. For instance, there are countless documented cases in which the state has forcibly sterilized prisoners or used unwilling sterilization as a means of obtaining early parole for segments of the population deemed lesser (i.e., women of color, poor people, etc.)

    1. procedure established by law’ in Article 21 does not connote a formalistic requirement of a mere presence of procedure in enacted law. That expression has been held to signify the content of the procedure and its quality which must be fair, just and reasonable. The mere fact that the law provides for the deprivation of life or personal liberty is not sufficient to conclude its validity and the procedure to be constitutionally valid must be fair, just and reasonable. The quality of reasonableness does not attach only to the content of the procedure which the law prescribes with reference to Article 21 but to the content of the law itself. In other words, the requirement of Article 21 is not fulfilled only by the enactment of fair and reasonable procedure under the law and a law which does so may yet be susceptible to challenge on the ground that its content does notaccord with the requirements of a valid law. The law is open to substantive challenge on the ground that it violates the fundamental right

      Fair, just and reasonable

    2. The word ‘procedure’ in Article 21 is wide enough to cover the entire process by which deprivation is effected and that would include not only the adjectival but also the substantive part of law
  2. Dec 2015
    1. Missouri’s legislature, noting excessive reliance on traffic tickets, put a low cap on the portion a community could raise of its budget from this source. So now 40 percent of Pagedale’s tickets are for non-traffic offenses. Since 2010, such tickets have increased 495 percent. In 2013, the city collected $356,601 in fines and fees.