Legal Dictionary of Pakistan

fundamental law

The organic law that establishes the governing principles of a nation or state; esp., CONSTITUTIONAL LAW. - Also termed organic law. Cf. NATURAL LAW.fundamental-miscarriage-of justice exception. The doctrine allowing a federal court in a habeas corpus proceeding to address a claim of constitutional error that, although ordinarily un review able, is subject to review because of a state-court procedural default that rendered the proceedings basically unfair. ( For the exception to apply, among other things, the petitioner must show by a preponderance of the evidence that constitutional error resulted in the conviction of one who is probably innocent. If the defaulted claim applies only to sentencing, the exception permits review of the claim if the petitioner shows by clear and convincing evidence that, but for the constitutional error, no reasonable jury would have found the petitioner legally eligible for the sentence received.