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 precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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CASE STUDY ON INDIAN RAILWAYS (MONOPOLY) In economics‚ a monopoly (from the Latin word monopolium – Greek language monos‚ one + polein‚ to sell) is defined as a persistent market situation where there is only one provider of a product or service. Monopolies are characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods. Monopoly should be distinguished from monopsony‚ in which there is only one buyer of the product or service;
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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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canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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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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The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
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Great white pillars guard the entrance to the railway which hold hand crafted iron gates‚ that have been there since the place has been built‚ now rusting under the attack from rain. Chaotic noises fill the inside: the quick paced footsteps of travelers searching for their train or train times and the frantic voice of the tannoy alerting people where to go. Ammoungst the myriad of confused people‚ there stands a frail old lady‚ her hair a delecate grey colour like when‚ on a cloudless night‚
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTION PART II ON WHAT GROUNDS CAN JUDICIAL REVIEW BE SOUGHT? The grounds for JR can be classified in at least three ways: 1. Two principal classes of action may be pursued under JR: those which allege that there has been a breach of statutory requirements‚ and those alleging that action has been taken in disregard of the rules of ‘natural justice’. 2. In Council for the Civil Service Unions v Minister of State for the
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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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