ORLAITH MOLLOY The Irish Constitution’s fundamental rights provisions are found in Articles 40 to 44. The Irish courts have found that the Constitution guarantees both the rights specified and those unspecified‚ which have been implied to date by the judiciary. This article questions the legitimacy of the courts’ actions in the past with respect to unenumerated rights and advocates a solution to the problem currently at hand: the unstable and dubious situation of such unenumerated rights. To resolve this
Premium United States Constitution Law
is commonly found in countries with authoritarian or dictatorial governments and in those without adequate policing of corruption by anti-corruption agencies. The government system in many countries is divided into the Legislative‚ Executive and Judiciary branches in an attempt to provide independent services that are less prone to corruption due to their independence. [edit]Systemic Systemic corruption (or endemic corruption[2]) is corruption which is primarily due to the weaknesses of an organization
Premium Political corruption Bribery Corruption
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
Premium Separation of powers Supreme Court of the United States Judicial review
democratic country such as Canada. However‚ the implementation and interpretation of the C.C.R.F. is fundamentally flawed. The ambiguity of certain sections allow for a vast range of interpretations by the Supreme Court justices‚ the unelected judiciary brach has the power to fundamentally alter the Canadian Criminal code without the consent of the legislative brach‚ and the legislative branch has the power to overrule most parts of the Charter under the principle of legislative supremacy. These
Premium Canadian Charter of Rights and Freedoms
written. The Separation of Powers is a system of Checks and Balances that acts as a safeguard. Each branch has a small amount of authority for the other branches and keeps each other in check. The Legislative has the power to make and change laws‚ the Judiciary branch has the power to make judgments on law‚ and the Executive branch has the power to put laws into action. The discord between England and America‚ leading to America’s independence‚ started with King George III’s heavy taxation upon the colonists
Premium United States United States Constitution American Revolution
* Oversees‚ investigates‚ and makes the rules for the government and its officers. * Defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution * Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the federal judiciary‚ federal executive departments‚ and other posts (Senate only) * Has sole power of impeachment (House of Representatives) and trial of impeachments (Senate);
Premium Democracy France Prime minister
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 primary or subordinate legislation. Under this power‚ the judiciary can also question the legitimacy of an action or inaction of a person or body with relation to the exercise of a public function. Though‚ the origins of judicial review cannot be attributed to a single event in history‚ rather it is a result of
Premium United States Constitution Supreme Court of the United States Law
Democracy or Dictatorship It is very unfortunate that after 63 years of creation of Pakistan added to the 200 years of struggle against foreign intruders‚ we are still debating over Democracy and Dictatorship is Pakistan. We were able to get an independent state but failed to give freedom‚ equality‚ tolerance‚ social justice and democracy to its people. Iqbal’s Pakistan was never achieved; we got Jinnah’s Pakistan but lost part of it in 1971. It’s up to us whether we blame it on failed democracy
Premium Democracy Separation of powers
“The Australian Constitution limits the exercise of powers throughout the Federation through both a division of powers and a separation of powers.” Discuss this statement and analyse the ways in which the Constitution 1. Divides power amongst the members of the federation and 2. Creates a separation of Commonwealth powers Introduction The Australian Constitution was conceived through the process of Federation in 1901 to unify the states of Australia through one form of decentralised
Premium Separation of powers Law Constitution
Roles and Levels of Government Regional Government The regional government takes place in Wales – Cardiff‚ Scotland- Edinburgh‚ England – Westminster and Northern Ireland – Stormont. Each and every one of these have their own assembly‚ parliament and have their very own elected MP’s‚ for example‚ MPs‚ Scotland. The regional government run important services for each geographical area health‚ education‚ housing and environment. In addition‚ they can make laws and raise taxes‚ for example‚ smoking
Premium United Kingdom European Union European Parliament