confidence Lord Devlin‚ a famous House of Lords judge‚ has said that trial by jury is the “lamp that shows that freedom lives”‚ arguing that a defendant has the right to be tried by his peers. Supporters of this view maintain that a jury will exercise common sense rather than slavishly follow the law. For example the case of R v Wang W was charged with having an article with a blade or point in a public place‚ he was found with a Shaolin knife in his bag on a train station platform. His defence
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independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges."said by Sandra Day O’Connor‚ former associate justice of the supreme court. The judicial branch translates the importance of laws‚ applies laws to induvial cases‚ and chooses if laws disregard the constitution. This legal branch is involved the supreme court and other government courts. Even though people argue that the judicial branch
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Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982‚ the duty of Supreme Court justices was to interpret law‚ not took it upon themselves to make law. Nevertheless‚ the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did
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Judicial Activism in Pakistan Judicial Activism: Social change effected by judicial decree. The doctrine that the judicial branch especially the federal courts‚ may interpret the constitution by deviating from legal precedent as a means of effecting legal and social change. Judicial activism is a time honored trait of judicial function and to give up that trait is to surrender before these two mightier organs of the state. History bounds in scintillating examples of judicial activism‚ when the
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A Brief Introduction on Judicial Review in the United States Part I: A Brief Introduction on Judicial Review Judicial review is the doctrine in democratic theory under which legislative and executive actions are subject to review‚ and possible invalidation‚ by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority‚ such as the terms of a written constitution. Judicial review is an example of the functioning
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Caselist Marbury v. Madison SO WHAT? This formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. PROBLEM? Johns Adams was about to stop being president so he tries to do a whole lot and appoints a bunch of justices of the peace (one of them was Marbury). James Madison refused to give
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The Supreme Court of the United States is the highest court in the United States. It has ultimate (but largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law‚ and original jurisdiction over a small range of cases. The Court‚ which meets in the United States Supreme Court Building in Washington‚ D.C.‚ consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the United States
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Pakistan and then in a sudden a man rose like e phoenix from the ashes and struggled for the restoration of rule of law and opened a new era of justice for all “ JUDICIAL ACTIVISM 1. Introduction 2. Factors: * unceremonious removal of chief justice and the public reaction * Government apprehensions concerning Judicial Activism * Unprecedented defiance of Chief Justice * Reassertion/awaking role of civil society * role of media/projection of media in evoking public interest
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The Supreme Court As a democracy we have a system‚ that seems to work‚ most of the time‚ We have three branches that keep are government in check. Keep it running smoothly. The Executive‚ the Legislative‚ and the Judicial. The Supreme court is what makes up the judicial branch. There are nine supreme court judges. There are three types of cases that the supreme court reside over. Cases between states‚ or states and the federal government‚ any case that involves ambassadors‚ and they reside over
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In American Constitutional thought‚ it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time‚ but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable‚ however‚ that a completely independent judiciary is impossible in a democratic society. To some extent‚ the general populace plays
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