Decisions on freedom from arbitrary state power and on the claims of the poor: the English cases against general warrants and on slavery, the Indian cases on emergency detention and due process, the South African cases on the death penalty and housing, the German Luth case on speech and the American cases on liberty of contract and gun rights. A case belongs here when its cited article describes it as a decision on personal liberty, emergency power or a social or economic right. It excludes speech and privacy cases.
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Liberty, Emergency Powers and Social Rights Cases
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Somerset v Stewart (Wikipedia)
WikipediaHas Member: Somerset v Stewart, Introduction, sentence 1Quote, Has Member: Somerset v Stewart, Introduction, sentence 1
Somerset v Stewart (1772) 98 ER 499 (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench, relating to the right of a slave on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
Luth Case (Wikipedia)
Has Member: Luth Case, Introduction, sentence 2Quote, Has Member: Luth Case, Introduction, sentence 2
In it, the First Senate held that the fundamental rights of the Basic Law form an "objective order of values" that radiates into all branches of law, including private law.
S v Makwanyane (Wikipedia)
Has Member: S v Makwanyane and Another, Introduction, sentence 2Quote, Has Member: S v Makwanyane and Another, Introduction, sentence 2
It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution.
Lochner v. New York (Wikipedia)
Wikimedia FoundationHas Member: Lochner v. New York, Introduction, sentence 1Quote, Has Member: Lochner v. New York, Introduction, sentence 1
Lochner v. New York, 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court holding that a New York State statute that prescribed maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution.
Maneka Gandhi v. Union of India (Wikipedia)
Wikimedia FoundationHas Member: Maneka Gandhi v Union of India, Introduction, sentence 4Quote, Has Member: Maneka Gandhi v Union of India, Introduction, sentence 4
It held that any law depriving a person of "personal liberty" must satisfy all three provisions.
District of Columbia v Heller (Wikipedia)
WikipediaHas Member: District of Columbia v Heller, Introduction, sentence 2Quote, Has Member: District of Columbia v Heller, Introduction, sentence 2
It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms-unconnected with service in a militia-for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee.
ADM Jabalpur v. Shivkant Shukla (Wikipedia)
Wikimedia FoundationHas Member: ADM Jabalpur v Shivakant Shukla, Introduction, sentence 1Quote, Has Member: ADM Jabalpur v Shivakant Shukla, Introduction, sentence 1
ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207, was a landmark judgement of the Supreme Court of India pertaining to the suspension of Articles 21 and 226 of the Indian Constitution in the event of a National Emergency.
Entick v Carrington (Wikipedia)
Has Member: Entick v Carrington, IntroductionQuote, Has Member: Entick v Carrington, Introduction
is a leading case in English law and UK constitutional law establishing the civil liberties of individuals and limiting the scope of executive power.
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