1. INTRODUCTION "It is emphatically the province and duty of the judicial department to say what the law is." —Chief Justice John Marshal Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time‚ through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison‚1803 laying
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Madison case created the judicial review. In the judicial review‚ Chief Justice John Marshall extended the power of the Supreme Court. He set out three principles. The first principle was that the Constitution is the supreme law of the land. The second principle was when a conflict emerges between the Constitution and any other law the Constitution must be followed. The final principle was that the Judicial branch has a duty to approve the Constitution. The powers of judicial review served as an important
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Can prejudice ever be eliminated? What exactly is prejudice? Contrary to popular belief‚ prejudice is not the same as discrimination‚ even though both terms are usually tossed into the fray together. Prejudice refers to the prejudgment; where people make assumptions or decisions even before being aware of the relevant facts. On the other hand‚ discrimination refers to the treatment or distinction in favour or against a particular person‚ group or class. That being said‚ prejudice would certainly
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Legal cases Marbury v. Madison:(1803) Judicial review In 1801‚ Justice William Marbury was to have received a commission from President Adams‚ but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall stated that the Judiciary Act of 1789‚ which was the basis for Marbury’s claim‚ conflicted with Article III of the Constitution. Marbury did not receive the commission. This case determined that the Supreme Court and not the states would have the ultimate word
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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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Judicial Activism Vs. Judicial Restraint The debate between Judicial Activism and Judicial Restraint really grabbed my attention. Judicial Activism and Judicial Restraint are two different ways to interpret the constitution and its laws. Both interpretations have their own strengths and weaknesses‚ which is why it is so hard to come to a final decision of which is acceptable and which is not (in most cases). While at the debate I didn’t realize how many cases have boiled down to these two concepts
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“Equal justice under the law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring idea of our society. It is one of the ends for which our entire legal system existed. It is fundamental that justice should be the same‚ in substance and availability‚ without regard to economic status.” INTRODUCTION For the past few years corruption has been the headline topic in Zambia. There has been a major cry from the general public that the country is full of corruption
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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 Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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CIC JUDICIAL BODY OR ADMINISTRATION WING? Central Information Commission (CIC) set up under RTI (Right to Information) Act‚ 2005 is an authorized body to provide information to the individuals‚ by acting on the complaints from them who hasn’t received the information from the public authority. There has been a Quaeitur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court once when SC expressed diversified views
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