"Judiciary" Essays and Research Papers

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    Judicial Appointments For Fast Track Courts 2002 Under Article 139 - A of the Constitution of India 06.05.2002 Brij Mohan Lal Vs. Union of India and Other s With T.C. (C) No. 23 / 2001. SLP (C) No. 7870.10645 of 2001 and T.P. (C) No. 407 - 410 of 2001 Case Summary A case relating to the establishment and functioning of Fast Track Courts‚ which came into existence for the speedy disposal of long pending Sessions cases. The Eleventh Finance Commission allocated Rs.502.90 crores under the

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    Indian Constitutionalism

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    Indian Constitutionalism The concept of constitutionalism is that of a polity governed by or under a constitution that ordains essentially limited government and rule of law as opposed to arbitrary authoritarian or totalitarian rule. Constitutional government‚ therefore‚ should necessarily be democratic government. In other words‚ Constitutionalism is a political philosophy‚ in which the functions of government of a state must be in accordance with the provisions of the constitution. Thereby meaning

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    traditional method of judicial formalism. Supporters of the latter’s concerns that it promotes power without responsibility‚ and blurs the separation of powers‚ however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a method that is not completely obsolete‚ but takes is less of a primary concern as it were‚ compared to other factors that effect a case. Those who are in favour of judicial activism argue that social

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    Transnationalaw

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    2004LAW TRANSNATIONAL LAW WEEK 3 (11-15 MARCH): Introduction to TRANSNATIONAL AND CIVIL LAW Tute questions 1. The modern ‘transnational’ lawyer needs to have some grounding in a variety of legal traditions. Decide whether you agree or disagree with this view‚ and outline reasons. I totally agree in this statement. The world today is a global world; which mean that a country doesn’t just get involved in the countries own decisions

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    community and therefore they resolved to protect and enhance the environment quality. How could the judiciary remain a silent spectator when the subject has acquired high importance and become a matter of caution and judicial notice. In a developing country like India‚ with uneducated masses‚ conditions of abject poverty‚ where the awareness of socio-economic and ecological problems in lacking‚ the judiciary has to play an active role to protect the people’s right against the anti-people order by infusing

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    Pillars of Democracy

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    Democracy is a political form of government in which governing power is derived from the people‚ by consensus (consensus democracy)‚ by direct referendum (direct democracy)‚ or by means of elected representatives of the people (representative democracy). The term comes from the Greek word (dēmokratía) "rule of the people"‚ which was coined from (dêmos) "people" and (Kratos) "power". There is no universal definition of the term democracy‚ people like the late USA president ABRAHAM LINCOLN define

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    Separation of powers

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    with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The normal division of branches is into a legislature‚ an executive‚ and a judiciary. History Antiquity Aristotle first mentioned the idea of a "mixed government" or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic‚ the Roman

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    Indian Legal System

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    It has altered as well as developed over the past few centuries to absorb inferences from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo-Saxon character of judiciary which is basically drawn from the British Legal System. The primary origins of law: * The Indian Constitution * The Indian Constitution was framed by the Constituent Assembly and came into effect from 26th November 1949 (Article 1). The

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    the Constitution are headed respectively "The Parliament"‚ "The Executive Government"‚ and "The Judicature". These chapters define the doctrine of the separation of powers and give us the names for each political branch; Legislature‚ Executive and Judiciary. This has been inherited by the British Westminster system upon which Australia’s political system is based. The separation of powers doctrine is an essential principle of law that ensures that all three political branches of government remain

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    with the doctrine of the Separation of Powers. This doctrine states that the power of the state has to be divided between the three organs‚ namely the judiciary‚ legislature and executive. Each of the organs should operate independently and none will become all powerful. The Lord Chancellor‚ who is the member of the cabinet‚ is the head of the judiciary and is entitled to sit in the House of Lords to hear the appeal cases. Besides that‚ he is the speaker of the House of

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