"Judicial review" Essays and Research Papers

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    Admin I Tutorials 1

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    ADMINISTRATIVE LAW I TUTORIAL SHEET 1 1. What is a Constitution? What are the features of constitutions in general? 2.  Explain the difference between a federal and a unitary constitution 3. Why is the UK constitution considered to be (i) flexible and (ii) not entrenched? 4. What are the characteristics of the Constitution of Trinidad and Tobago? 5. Explain the following doctrines:- Constitutional Supremacy Separation of Powers The Rule of Law Conventions 6. Explain the contemporary

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    convention of ministerial responsibility in order to facilitate a full and free public debate. This shows that flexibility is necessary and that codification would inhibit the constitutions capacity to evolve. Statutory codification would allow for judicial interference with the conventions‚ hence it is incompatible with the principle of parliamentary sovereignty and the separation of powers. Andrew Blick argued that ‘the practice of

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    constitution is the highest law in the land and is the ultimate source of all law and lawful exercise of authority. In this way the court must invalidate any law that is inconsistent with the constitution. The judiciary hold the testing power (judicial review). Judicial review is counter-majoritarian because it gives unelected judges the power to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes‚

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    on the employee’s alleged dishonesty. Explain how the reemployment provisions of the USERRA were violated in this case. The USERRA is in place to protect the rights of returning veterans when seeking re-employment upon return from service (Judicial Review‚ 2008). The reemployment provisions of the USERRA were violated in this case because Metro delayed re-hiring Petty by putting him through the return-to-work process. The department was also in violation because he was not given the position

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    Constitutional Law

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    how do you classify Malaysia’s basic law? (6 marks) QUESTION 2 "Constitutionalism" is an important concept for checking abuse or misuse of government powers. Elaborate. (6 marks) QUESTION 3 Explain‚ with examples‚ the concept of judicial review on the ground of constitutionality. (6 marks) QUESTION 4 Distinguish four features of a ’responsible government’ with counterpart features of an ’independent government’. (6 marks) QUESTION 5 State three exceptions to the "rule against

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    Prerogative Power

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    Prerogatives Powers or the Royal Prerogatives PP or RP are defined by AV Dicey as being ‘the remaining portion of the crown’s original authority and is therefore the name for the residue of discretionary power left at any moment in the hands of the crown whether such power be in fact exercise by the king himself or by his ministers’. Today there are still many PP available to ministers and the monarch and these powers are often exercise without restraint and in controversial situations. PP are nevertheless

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    Indian Constitution

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    The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As Dr. B.R. Ambedkar‚ the Chairman of the Drafting Committee puts it‚ the framers had tried to accumulate and accommodate the best features of other constitutions‚ keeping in view the peculiar problems and needs of our country. The following are the salient features of the Constitution of India. 1. Longest written constitution Indian Constitution can be called the largest

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    and balances system really is; debating whether some branches have more power than others. According to the constitution the legislative branch is to make the laws‚ the judicial branch is to review the laws to be sure that they are constitutional‚ and the executive branch is to enforce the laws. Each branch provides checks and reviews on the other branches to ensure separation of powers. The president is named by the Constitution as commander-in-chief of the armed forces‚ giving him an incredibly powerful

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    final examinations for these units will be in June. Throughout the course you will be expected to complete a variety of assessment tasks to develop your understanding of the course and your skills. You will be formally assessed prior to each Interim Review to achieve an accurate record of your progress. AS Unit F851: Contemporary Politics of the UK In this unit candidates are expected to show knowledge and understanding of parties‚ party systems and pressure groups in the United Kingdom as well

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    Can parliament binds its successors? The rule that parliament may not bind its successors is often cited both as a limitation on legislative supremacy .By definition ‚ the regulation laid down by a predecessor cannot bind the present sovereign‚for otherwise the present holder for the post would not be sovereign.Dicey‚ outstanding exponent of the sovereignty of parliament accepted this point : ‘’The logical reason why parliament has failed in its endeavours to enacted unchangeable enactment

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