In the 1825 case of Eakin v. Raub‚ Pennsylvania Justice John Bannister Gibson declared that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Introduction: Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
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sentencing portion of a trial would be removed and consequently‚ judges would be able to make unbiased and principled decisions (Determinate Sentencing Pros and Cons 2014). In doing so‚ they would be able to maintain the rule of law. The rule of law in the contemporary Australian legal system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and
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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
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1988 Judicial Crisis In 1988‚on the ground of misconduct‚ Tun Salleh Abas by then Prime Minister Dr Mahathir Mohammad was brought before a tribunal and this tribunal was chaired by Tun Hamid Omar. Due to the constitutionality of the tribunal‚ Tun Salleh Abas filed a suit in the High Court of Kuala Lumpur and while proceeding‚ interim stay against the tribunal was applied by Tun Salleh Abas until July 4‚ 1988 but the request then denied. Later‚however‚ an interlocutory order was granted to Tun
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Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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2003 edition. 2. Sathe‚ S.P.‚ Judicial Activism in India: Transgressing Borders and Enforcing Limits‚ Oxford University Press‚ 2005 edition. 3. Bag‚ R.K.‚ “Judicial Activism vis-à-vis Public Administration”‚ Administrator‚ Vol. XLII‚ April-June‚ p.167. 4. Bhattacharjee‚ G.R.‚ “Judicial Activism: Its Message for Administrators”‚ The Administrator; Vol. XLII‚ April-June 1997‚ p.31. 5. Bhattacharyya‚ R.‚ “Judicial Activism: The Motive Force of Public Administration”‚ Administrator‚ Vol. XLII
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You need a packet of standard index cards‚ a selection of highlighters‚ (for example‚ yellow‚ pink‚ blue and green)‚ and an easily-read pen. I suggest using one with either blue or black ink. The best (most useful) cue cards: have ONE main heading or idea per card are written clearly using larger than usual font (so you can read them easily) have plenty of white space around each word or phrase to help them stand out use bullet points or numbers to itemize the supporting
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Assignment 1 Decision Analysis Questions 1-6 refer to the following A family business is considering making an investment in its manufacturing operation. Three decisions are under consideration: (1) a large investment; (2) a medium investment; and (3) a small investment. The business believes that there are three possible future outcomes for its product: (1) increasing demand; (2) stable demand; and (3) decreasing demand. The following payoff table describes the decision situation.
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