I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
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Danyal Hasnain Justice Fazal Karim Constitutional Law 11th December‚ 2014. Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled‚ in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law‚ irrespective of whether it comes from
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controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
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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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the judicial branch and how it’s the weakest branch of government. Hamilton believes that the Judicial branch only has the power to judge on laws‚ but does not alter the actual final decisions on what the laws people need to uphold. Hamilton recognizes that you need all three branches to make a successful government function and that the judicial branch is the least powerful of the three. The legislative branch makes the laws‚ executive branch enforces these laws and lastly the Judicial branch needs
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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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United States Judicial Branch certainly is the most power branch of government. I believe this has been the case since Marbury vs. Madison in 1803 exercising the basis of judicial review under Article III of the Constitution. Judicial review is where the court has the ability to examine and decided if a statue‚ treaty or administrative regulation contradicts or violates the previsions of an existing law‚ State Constitution‚ or United States Constitution. In my opinion the Judicial Branch has gotten
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“We all learn in school that the judicial‚ legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well‚” stated by Alan Dershowitz. All of the branches should be checked on power by everyone. That is where Judicial review comes in‚ it is a check and balance on the Executive branch and the Legislative branch. Judicial review is an important part of our constitutional system
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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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the Legislative Branch‚ Executive Branch‚ and the Judicial Branch. It is widely argued that the framers of the Constitution used this specific order to show the branches in which they thought to be of most and least importance. This examination
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