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
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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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The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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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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“Equal justice under the law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring idea of our society. It is one of the ends for which our entire legal system existed. It is fundamental that justice should be the same‚ in substance and availability‚ without regard to economic status.” INTRODUCTION For the past few years corruption has been the headline topic in Zambia. There has been a major cry from the general public that the country is full of
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Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW • If you want to challenge a decision made by a Cth statutory body‚ e.g. the Australian Electoral Commission of the Australian Taxation Office‚ you must turn to the federal system of judicial review. • The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. •
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expectations are below that Statistics Mauritius’ 4% and the IMF’s 3.7% respective forecasts. 2012 in Perspective While export manufacturing did recover in 2011‚ we expect a slow down for receipts from Europe-facing exports‚ although US-facing exports should show signs of improvement. The absence of major projects coupled with government-driven PSIP delays will lead to a lethargic year for construction. On the Real-Estate front‚ we expect rentals to face downwards pressures in the coming years given
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Professor and Class‚ The Supreme Court is the law of the land‚ bound by the Constitution‚ but it has certain checks on its authority. For example‚ if Congress does not agree with a certain decision of the Court it can amend the decision or statute. The power of the Supreme Court comes from Judicial Review‚ the purpose is to review the constitutionality of law. Marbury vs Madison is probably the most important Supreme Court case in United States history‚ this is where Judicial Review was originated. William
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Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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Pros and Cons of Judicial Review Adam Kimball Pol. 1110 Instr. Madigan 12/10/96 Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Court’s right to translate the Constitution in 1803 following the case of Marbury Vs. Madison‚ in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one
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