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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Explain Judicial Review using two case examples. As soon as civilizations created constitutions‚ actions were being called unconstitutional by those who opposed them. In some instances‚ unconstitutional acts were the subject of revolution‚ regicide‚ or as happened in the American political system‚ the declaration of a Judiciary body. American judicial review can broadly be defined as the power of this such judicial branch of the government to determine whether or not the acts of all branches of the
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Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982‚ the duty of Supreme Court justices was to interpret law‚ not took it upon themselves to make law. Nevertheless‚ the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did
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The Judicial branch is one of the three branches of the federal government. This branch includes criminal and civil courts and helps interpret the United States constitution. At the constitutional convention of 1787 the birth of the judicial system was born and soon after became adopted to the future of the federal government judicial system. Because of this‚ the convention it went down in political history and showed the United States how organized and prepared the government was when it came to
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always the spirit of democracy. So if means are abridged to attain the ends then democracy will be more successful than anything else. Judiciary under the veil of activism serves as a watch dog for preserving this basic spirit of democracy. Meaning Judicial activism‚ like many catchwords‚ has
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"[The Judicial Branch] may truly be said to have neither FORCE nor WILL‚ but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later‚ in article 3 section 2‚ the Judicial branch is granted power that “extend[s] to all Cases
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A. History of Judicial Education & Training Centre of Supreme Court Since the enactment of Law No. 35 / 1999 on Judiciary authority‚ the Supreme Court continuously put its effort to restructure and improve in many key areas. One of them is to establish the Education and Training Centre through decision of The Secretary-General of the Supreme Court. The decision regulates two newly established institutions‚ the Education and Training Centre and the Research and Development Centre. The regulation
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Judicial control over administrative discretion in the case of preventive detention. SCOPE The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention. OBJECTIVES & AIMS To find out the reason for conferment of discretionary power on administrative authorities. To analyse the grounds where administration discretion can be challenged. To analyse the system of preventive detention in India. HYPOTHESIS
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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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instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws‚ through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government‚ as well as firmly grounding the role of the Judicial Branch. To uphold the precedent already established in the United States by Federalists such as Washington and in fear
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