The court system in Malaysia‚ was last restructured by the Constitution (Amendment) Act 1994. The present court structure‚ which has been in force since then‚ is as follows: The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal. Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which
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THE JUDICIARY Government has created legal machinery that operates within the concept of "justice under law”. This legal instrumentality is a system of courts‚ or the judiciary‚ which applies the law for the settlement of disputes. Justice under the Law: Those who are authorized to enforce the law must treat people fairly and equally by showing respect for the rule of the law. Only by applying the law equally to all – rich or poor‚ high or low – can it be said that those in power gain legitimacy
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Judges and the Judiciary Identify and explain the 5 key roles of Judges Explain the Rule of Law Assess the extent to which judges are independent and neutral. The role of Judges: They do not just interpret and apply the law. They do wider activities that branch into other parts of government. Preside over court proceedings: ensure a fair trial act like a referee/umpire makes sure the rules of the court are followed by both sides act as a source of knowledge - giving advice to juries
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Role of judiciary in the protection of Human Rights By - S.S. Upadhyay‚ HJS Addl. Director (Training) Institute of Judicial Training & Research‚ U.P.‚ Lucknow. Dated: October‚ 2008 S Y N O P S I S 1. Human Rights — what are? 2. Concept of human rights in olden times 3. Universal declaration of human rights 4. Role played by judiciary in the development & protection of human rights 5. FIR‚ arrest & human rights 6. Human rights of arrestee
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The call by some senior members of the African National Congress for the transformation of the Judiciary doesn’t compromise judicial independence Introduction In the trias politica‚ every arm of government has equal power compared to other arms of the government. However‚ to make sure that all the arms of government in the trias politica have equal powers they must be accountable to each other. That means they must implement the oversight to one another so that no arm of government ends up with
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Foundations Essay - Independence of the JudiciaryTo understand the expression ’the independence of the judiciary’ you first must understand what is meant my judiciary. The judicature is:The judicial power of the commonwealth shall be vested in a Federal Supreme Court‚ to be called the High Court of Australia‚ and in such other federal courts as the Parliament creates‚ and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other
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Independence of the South – African judiciary INDEX 1. Introduction 3 2. The separation of powers and checks and balances 4 3. Problems with judicial independence 6 Bibliography 8 The Independence of the South African Judiciary 1. Introduction The concept of judicial independence is as old as constitutionalism itself. Judicial independence is “the capacity of the courts to perform their constitutional function free from actual or apparent dependence
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or not the judiciary could be considered as a threat to parliamentary sovereignty is debatable. This essay will argue that the judiciary is a threat to parliamentary sovereignty‚ but it would have been otherwise if the Parliament didn’t carry its seeds of its own destruction. These ‘seeds’; European Communities Act 1972 and Human Rights Act 1998 change almost permanently the approach of courts towards the Parliament’s Acts. Parliamentary Sovereignty‚ Freedoms and Rights Prior EU Act 1972 and HRA
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The Legislature and the Judiciary: Conflicts The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature‚ the two of the three pillars of India. The problem between the two bodies dates back to the commencement of the constitution‚ within one and a half year‚ the legislature amended the constitution so that certain important judicial decisions could not come into effect. Phiroze K. Irani proposes to deal with the
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The National Judiciary 520526 Complete the following questions in complete sentences. 1.What is the difference between original jurisdiction and appellate jurisdiction? What kind of jurisdiction does the Supreme Court have? Original jurisdiction is when a court hears a case first. While appellate jurisdiction is when a court hears a case on appeal from a lower court. The Supreme Court has both original and appellate juridiction. 2.What role should judicial philosophy play in selecting federal
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