USU 1300 Is Judicial Activism in the best interest of the American people? Suzanna Sherry reminds us in her working paper‚ Why We Need More Judicial Activism‚ that “an examination of constitutional practice shows that too little activism produces worse consequences than does too much” and since we cannot assure judges are consistently “fair” it is better to be overly aggressive than overly restrained. In the most basic sense‚ judicial activism is when judges apply their own political opinion in
Premium
The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
Premium Separation of powers Human rights Law
Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
Premium Law
The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
Premium Stare decisis Case law
ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section
Free Law Judge Jury
Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
Free Law Judge Court
Government is broken down into three branches. Legislative‚ Executive‚ and Judicial. Think about it! The Legislative branch is grouped into Congress‚ The Senate‚ and The House of Representatives‚ this branch is responsible for writing laws. The Executive Branch contains the President of the United States‚ the Secretary of State‚ and the Attorney General. This branch is responsible for making the laws official. Also the Judicial Branch is the United States Supreme Court. This branch is in charge of addressing
Premium United States Constitution Federal government of the United States President of the United States
Danyal Hasnain Justice Fazal Karim Constitutional Law 11th December‚ 2014. Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled‚ in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law‚ irrespective of whether it comes from
Premium United States Constitution Supreme Court of the United States Law
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
Premium Law Evidence law Jury
I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
Premium Supreme Court of the United States Felix Frankfurter Harvard Law Review