adopted the English remedies in the Constitution under Articles 32 and 226. There has been specifically made provisions in the Constitution which empowers the Supreme Court and High Courts to issue writs in the nature of Habeas Corpus‚ Mandamus‚ Prohibition‚ Quo Warranto and Certiorari. The fundamental rights which are inalienable sacrosanct in nature and character which were conceived in national and public interest could be illusory if there is no
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Assessment Artifact: The Death Penalty Apart from a short time in the mid-to-late 20th century when a freeze on capital punishment was ordered by the U.S. Supreme Court‚ this system of punishment has been in constant use in the United States for most of its history. Proponents and opponents have always been at odds over whether the practice should be continued or abolished completely. Lining up on one side are those who believe that the practice deters crime and is cheaper than warehousing a criminal
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allow them greater independence. The anti-federalists had a heavy stance on natural rights and didn’t like to take someone’s right to see a judge without being incarcerated. This was a good law according to them‚ “The privilege of the writ of habeas corpus shall not be suspended‚ unless when in cases of rebellion or invasion the public safety may require it.” Another thing the anti-federalists really liked was guaranteeing everyone a fair trial.
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provisional liberty. However he was not released immediately. The RTC now declared that even military men facing court martial proceedings can avail the right to bail. The private respondents in G.R. No. 97454 filed with SC a petition for habeas corpus on the ground that they were being detained in Camp Crame without charges. The petition was referred to RTC. Finding after hearing that no formal charges had been filed against the petitioners after more than a year after their arrest‚ the trial
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Dissecting Research #1 In this study‚ the researchers accomplished a series of tests that would focus on the injury of a corpus callosum. The corpus callosum is the nerve fibers that hold the right and left hemisphere of the brain together. The first test performed tested the visual abilities. The test “involved a board with a row of horizontal lights”. The patients were then told to stare directly at the center of the lights while the lights randomly would flash “across both the right and left
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Order No. 1 ordering the AFP and the PNP to suppress the rebellion in the NCR. Warrantless arrests of several alleged leaders and promoters of the “rebellion” were thereafter effected. Petitioner filed for prohibition‚ injunction‚ mandamus and habeas corpus with an application for the issuance of temporary restraining order and/or writ of preliminary injunction. Petitioners assail the declaration of Proc. No. 38 and the warrantless arrests allegedly effected by virtue thereof. Petitioners furthermore
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President Lincoln proclaimed a blockade‚ increased the size of the Federal army‚ directed the secretary of the Treasury to advance $2 million without appropriation or security to 3 private citizens for military purposes‚ and suspended the habeas corpus (stated that a citizen could not be held without the due process of a trial) - all of which were required to be approved by Congress. Due to lack of volunteers‚ Congress passed in 1863 a federal draft law. Men who were called in the draft could
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Critic In 1849‚ Cesar who is the King of Roman Republic argued that the death penalty is injustice itself and it is a futile exercise. Then‚ this causes Roman Republic acts as the first nations to abolish the Death Penalty in modern times. This is the movement based on the human rights. After that‚ Venezuela in 1863 and Portugal in 1867 also abolished the death penalty in their country. A new era of human rights and International Law sought first to set out the foundations of Human Rights (UDHR
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NRI MARRAIAGES – LEGAL ISSUES & CONSEQUENCE : INTER PARENTAL CHILD ABDUCTION. WHAT IS A PARENTAL CHILD ABDUCTION: Article 3 of the Hague convention on Civil Aspects of International Child Abduction[1] provides for the definition of inter parental child abduction. It says: The removal or retention of a child is considered to be wrongful where: a) If it is in breach of rights of custody attributed to a person‚ an institution or any other body‚ either jointly or alone‚ under the law of the
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The first clause of Amendment Six is the speedy trial clause. There are several reasons that this clause is positive to the accused in a case on trial. Primarily the right to a speedy trial can prevent undue and oppression‚ and minimize the anxiety and concern that accompanies public accusation. A speedy trial can limit the possibility that long delay will impair the ability of an accused to defend himself. Furthermore‚ delaying a trial is can tamper with the evidence and witnesses because over time
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