issues of the constitutional position of the judiciary and the significance of judicial independence for the operation of the rule of law. We will consider recent changes to the leadership of the judiciary and the process of judicial appointment. Judges are expected to be personally independent in the sense that they must decide cases purely on the strict application of the law to the evidence presented‚ irrespective of personal preference or any interest in the outcome. They must be fearless in
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that such order was not amenable to the jurisdiction of Supreme Court under Article 136. The decision of the Bench of the three learned Judges affirmed this view in Konkan Railway Corporation Ltd. & Ors. Vs. Mehul Construction Co.‚ [2000]. Thereafter‚ in the present case‚ a Bench of two learned Judges referred to a larger Bench the decision of the three learned Judges for re-consideration. This is how the matter came to before a Constitution Bench. Two issues which were to be decided in this case was-
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petty reality shows.” We also find that cable TV play a large part in how the judicial system has allowed the media to weave their way into the courtroom. Judge Jane Marum Roush‚ of Fairfax County Va. was asked by several TV reporters if they could take still photos of a court case in which an 18 year old was accused of a vicious killing‚ Judge Roush declined by stating… [1] “The public’s right to know” [is] a “right” that is not enunciated in the constitution‚ she also stated that these cameras
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a Friday) for first mention in the arraignment list. 1.2 In Sydney West a similar procedure is adopted but the first mention day varies from court to court and practitioners should ascertain the relevant day which is nominated by the list judges at Parramatta‚ Penrith and Campbelltown. 3. Where an accused is committed for sentence the magistrate may order a pre-sentence report for the sentencing. Practitioners should address this issue in the Local Court where possible because
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The Ibakkar - Natarajan Commission Part one of the Nanawti Commission report‚ probing into the Godhara incident in Gujarat‚ released last month has once again opened the Pandora’s Box over logic of setting up Inquiry Commissions in the country. The report while giving clean chit to the Narendra Modi Government has supported the theory of conspiracy‚ leading to a widespread criticism across the country. Many call it ’eye wash’ and other call it ’sponsored report’. Communists have termed it a ’piecemeal’
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Judicial Department Article VIII‚ 1987 Constitution SECTION 1. The judicial power shall be vested in one Supreme Court and such in 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
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courtroom (“The Role Of The Judge‚ 2006). Responsibilities Ensures the trial follows legal procedures‚ interprets the law and finds resolutions (Michaels‚ 2013) Ethical Duties - Uphold the integrity and independence of the judiciary - Avoid impropriety and the appearance of the impropriety in all of the judges activities - Perform duties of judicial office impartially and diligently ("Ethical And Professional Rules For Lawyers And Judges"‚ 1997). Selection Method Federal judge is appointed by the
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consist of a judge‚ a prosecutor‚ and a defense. These courtroom groups remain Senior Officers in court who determines the appropriateness of conduct. These officers settle questions of evidence and rule on procedures. The officers also have to guide questioning of witnesses during extensive control of the courts while deciding if to hold complainant the sentences of defendants. The jury remains instructed on conduct‚ verdict‚ and relevant law (Schmalleger‚ 2011). * To be a judge in this society
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Convention tracking its statutory origin and was enacted in 1701‚ Act of Settlement. The Act formally recognized the independence of the judiciary‚ the main content‚ secure the right to use qualification subject to good behaviour ‚ the removal of the judge (an address of both houses of parliament)‚ and also the establishment of an appropriate mechanism. Convention in doing so given a set of legislative handle reiterated that the cornerstone of the separation of powers‚ judicial independence doctrine
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ancient Chinese courts of law where the judge is settling a dispute or crime. He assumes every suspect on trial is guilty and the suspects have to prove their innocence‚ or else they may face severe punishment like beatings or decapitation. The job of the judge is usually taken up by a prefect or a magistrate‚ who is also responsible for nearly all the other issues in the local district‚ such as civil administration and tax collection. A fair and wise judge resolves conflicts‚ settles the neighborhood’s
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