The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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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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questions later. In the present day‚ police think its alright for them to assault or kill a person. Police brutality has to end for three reasons: it’s getting worse‚ cops are getting away with it and America is just going down hill. One reason that police brutality has to stop is because it has gotten worse. Now it’s surfacing up real fast on social media. All we see is videos and pictures on media such as the internet/online‚ newspapers‚ and the television. Police brutality is not going to stop it’s
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controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
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Table 27 Police Officer as Sociologist # Title Role of Police Officer 1 Cultural translator Police officer attempts to lessen misperceptions between parties and to build trust between them. 2 Peace publicist Police officer attempts to redirect resources to improve social life in a more efficient manner. 3 Assessor of novel ideas Police officer points out the pleasures gained by misconduct so that a better understanding of why people engage in conflict may be realized. 4 Defender of the language Police
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
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The role of public administration in modern society What role should public administration play in this modern society? In answering this question‚ the best way is to know the fundamental governance principles that public administration is a result of the collective consent of the citizens to be governed and the fact that the world has gone too modern. The first among the principles is expressed as “public office is a public trust.” With this‚ every decision or action resulting from public
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THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
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practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy‚ but will be active when the time comes when the general public‚ in which the case is decided‚ feels a change is needed. We have enough evidence to see how our judicial branch should act. Should the judicial branch be more active towards shaping American policy or restrain as long as possible before being forced to act upon very critical civil policies? Judicial activism is the view that
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