Joseph Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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According to Hasker’s Data‚ Maddox exhibits materialism. In his mind‚ Data is only a machine. It has no traits of being in control of a mind‚ no feelings‚ and no understanding of itself. Data is not human. But respecting people‚ Maddox exhibits dualism. Maddox says having a mind that works with the body‚ entitle things such as awareness and feelings is a sound factor of being a human. The dualistic interaction view does not separate the body and the mind‚ so Maddox calls obvious the fact that human
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duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law‚ the later was clearly superior to the former. In more recent times‚ it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book‚ Introduction
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RULE OF LAW In course of Twentieth century‚ the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But‚ very less interest has been shown towards the exact definition of ‘Rule of Law’
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1.0 Introduction The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from “règle” and law from “lagu” roughly translating to “supremacy of law”.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur. The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established
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Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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Rule of Law Professor Lisa Riggleman Society‚ Law and Government July 7‚ 2013 Rules of Law “The rule of law is a system in which the following four universal principles are upheld:” 1. The government and its officials and agents as well as individuals and private entities are accountable under the law. 2. The laws are clear‚ publicized‚ and stable and just‚ are applied evenly‚ and protect fundamental rights‚ including the security of person and property. 3. The process by
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violations of the law by complaints from private citizens. Equality before the law was an important value in their system. Then philosopher Aristotle wrote “Now‚ absolute monarchy‚ or the arbitrary rule of a sovereign over all citizens‚ in a city which consists of equals‚ is thought by some to be quite contrary to nature;....That is why it is thought to be just that among equals everyone be ruled as well as rule‚ and therefore that all should have their turn. And the rule of law‚ it is argued‚ is
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The rule of law is a legal maxim stating that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. Albert Dicey British jurist A. V. Dicey popularised the phrase "rule of law" in 1885. Dicey emphasized
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