Judicial Decisions.The effective law making process of modern Malaysia Table of Content Introduction Malaysian Judiciary Judiciary Administration Law Making Process … … Conclusion Introduction History of Malaysian Law Different countries practices difference types of legal system. Some country practices one type of legal system while other practices the mixed legal system which means a combination of two or more legal systems. Malaysia for example‚ practices the mixed legal system which
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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As the First President of the newly created United States of America‚ much of what George Washington did‚ would set the stage for future presidents. Here are some of the precedents set by George Washington during his time in office o Established the Cabinet within the Executive Branch by appointing Thomas Jefferson Secretary of State and Alexander Hamilton Secretary of Treasury‚ a body that was not outlined within the Constitution. o Supported innovative fiscal concepts such as the Bank of America
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Judicial Activism Vs. Judicial Restraint The debate between Judicial Activism and Judicial Restraint really grabbed my attention. Judicial Activism and Judicial Restraint are two different ways to interpret the constitution and its laws. Both interpretations have their own strengths and weaknesses‚ which is why it is so hard to come to a final decision of which is acceptable and which is not (in most cases). While at the debate I didn’t realize how many cases have boiled down to these two concepts
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previous times. JUDICIAL REFORMS Judicial reforms are the complete or partial political reform of a country or a country’s judiciary. These reforms are often done as a part of wider reforms of the country’s political system. Judicial reform usually aims to improve such things as law courts‚ advocacy (bar)‚ executor process‚ inquest and record keeping. Valery Dmitrievich Zorkin (2004) in his article “Twelve Theses and legal reforms in Russia” said “there was collaboration between judicial reforms and
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10. Sources of precedent phenomena. The sources: 1) Folk tales – contains specific plot‚ heroes‚ situations‚ names and places that are passed on from generation to generation: (Br)The Three Little Pigs‚ Jack and His Friends etc. They define the national mindset. (- Ogres are legendary being which are usually depicted frequently featured in mythology‚ folklore‚ and fiction throughtout the world. Ogres appear in many classic worls of literature‚ and more often described in fairy-tales and
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1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled
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In recent years judicial selection has become an issue of great debate with many different views and ways to make it better. In Texas‚ judicial selection is carried out by partisan elections where voters get to choose the judges and justices. This form of judicial selection has many advantages as well as some disadvantages. One advantage of judicial selection by election is that it gives the voters the power in the selection. This allows Texans to be sure that the selection process is kept “…out
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Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
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Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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