THEORETICAL BACKGROUND Judicial activism has become a subject of controversy in India.1 Recent and past attempts to hinder the power of the courts‚ as well as access to the courts‚ included indirect methods of disciplining the judiciary‚ such as supersession of the judges2 and transfers of inconvenient judges.3 Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand‚ defenders of judicial activism assert that the
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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Running head: JUDICIAL SYSTEM OF CALIFORNIA Judicial System of California BUSN420 Week 2 Assignment Jesse Self March 15‚ 2013 DeVry university‚ online Overview of the California Judicial System The three main court systems in California include Supreme Courts‚ Courts of Appeal‚ and Superior/Trial Courts. The majority of court cases in California begin in superior court‚ which are located within all 58 counties of the state. There are facilities located in more
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12 Power System Stability 12.1 INTRODUCTION The stability of an interconnected power system is its ability to return to normal or stable operation after having been subjected to some form of disturbance. Conversely‚ instability means a condition denoting loss of synchronism or falling out of step. Stability considerations have been recognized as an essential part of power system planning for a long time. With interconnected systems continually growing in size and extending over vast geographical
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INTRODUCTION The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State‚ the Executive‚ Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution‚ which is the supreme law of the land. According to Article 38 of the Constitution‚ “there shall be a Parliament of The Bahamas which shall consist of Her Majesty
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JUDICIAL SYSTEM OF PAKISTAN Judicial System of any country plays a vital role in her progress and in smooth running of state functionaries. All the developed countries of world have a well established and smooth running judicial system. Their courts are doing the justice irrespective of caste‚ living standards‚ official status of citizens and the individual powers. Even the most poor have the confidence in their courts and unbiased decision of courts are in fact a sword over the head of criminals
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AFFECT OF HUMAN RIGHTS ACT ON JUDICIAL PRECEDENT Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent‚ the underlying features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent
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the world repeats‚ and it is not an exception for law‚ providing that ‘some degree of certainty’ of law is essential. In English legal system the doctrine‚ which brings together the past and the present is the doctrine of judicial precedent‚ which predominant value is irrefutable. However‚ it is a disputable question‚ whether the bias of the doctrine on the maintenance of the judicial authority is accurate and contemporary. The nature of precedent can be described by putting the words of Lord Denning
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Corruption in judicial systems is threatening the protection of human rights‚ a United Nations independent expert said‚ urging governments to implement policies to strengthen the rule of law to combat this practice. “The pervasiveness of corruption in the judiciary and the legal profession‚ whether one off or endemic‚ is very worrying because it directly undermines the rule of law and the ability of the judiciary to guarantee the protection of human rights‚” the Special Rapporteur on the independence
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States Constitution is defined by Anzovin and Podell (1988)‚ as‚ in simplest terms‚ the law of the land and a flexible document. The first former statement is supported by the Supremacy Clause in the Constitution that declares that it‚ along with federal statutes and treaties‚ are the highest form of law in the U.S. legal system. Edwards‚ Wattenberg‚ and Lineberry (2011) also define a constitution as a nation’s basic law and add that it “creates political institutions‚ allocates power with the government
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