This essay will seek to analyse the doctrine of the separation of powers and the importance of its presence within a constitution. Particular emphasis will be placed on identifying how this idea is incorporated into the United Kingdom’s (UK) constitution and the effect that recent developments of constitutional reform such as the introduction of the UK Supreme Court in place of the House of Lords has had. The doctrine of the separation of powers is an idea that can be seen in writings as far back
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Re Gonzales‚ 160 SCRA 771 (1988) Fast factsRaul Gonzales forwarded an anonymous letter by “Concerned Employees of the Supreme Court” to Justice Fernan. Theletter was addressed to Gonzales referring to charges for disbarment brought by Miguel Cuenco against Justice Fernan andasking “to do something about this.” The action against Fernan was filed in the Tanodbayan. Tanodbayan – special prosecutor like a fiscal; ombudsman.Administrative Case No. 3135Resolution dated February 1988 entitled “Miguel
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Running head: THE BASIC STRUCTURE THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION Liji George Christ University Abstract There are certain core parts of the Constitution which cannot be amended‚ at least not with the normal procedures of amendment. There was a time in the history of India when this particular issue was hotly debated‚ like the period from 1970s to 1980s. The framers of the constitution wanted the constitution to be a dynamic document rather than a rigid framework‚ which
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“A government of laws‚ and not of men.” John Adams (1735-1826) American lawyer‚ politician and 2nd President of the United States In his 7th “Novanglus” letter‚ published in the Boston Gazette in 1774 The concept of “a government of laws‚ and not of men” reflects a political philosophy that dates back to the ancient Greeks. But the phrase itself was enshrined in history and quotation books by John Adams. Prior to the start of the American Revolution‚ Adams used
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degree of balance between the executive‚ legislative and judicial branches of government‚ which suggests a written constitution would be unnecessary. An example might be the practice of Parliament not commenting on sentences handed down by the courts. Another argument against a written constitution is that it would have to be relatively vague in places to allow it to evolve with society‚ and as a result would be constantly open to judicial interpretation. This would cause problems because unelected
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Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013] eKLR REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYAAT NAIROBI (Coram: Mutunga‚ CJ;Rawal‚ DCJ;Tunoi‚ Ibrahim‚ Ojwang‚ Wanjala&Ndungu‚ SCJJ‚) ADVISORY OPINION REFERENCE NO. 2 OF 2013 -BETWEEN- 1. THE SPEAKER OF THE SENATE …………......APPLICANTS 2. THE SENATE OF THE REPUBLIC OF KENYA -AND- 1. THE HON. THE ATTORNEY-GENERAL ..INTERESTED PARTIES 2. THE SPEAKER OF THE NATIONAL ASSEMBLY 1. THE LAW
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the final ruling on whether Marbury could finish his appointment process or not. This case was arguably the most important case in Supreme Court history due to the fact that it was the first U.S. Supreme Court case to apply the principle of “Judicial Review‚ the power of federal courts to void acts of Congress in conflict with the Constitution” (The court and Democracy) The decision made by Justice marshal this was a pivotal movement in the process of making the supreme court its own branch of
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separation of powers provides a system of shared power known as checks and balances. Three branches are created in the Constitution. The Legislative composed of the House and Senate. The Executive composed of the President‚ Vice-President. The Judicial composed of the federal courts and the Supreme Court. Each of these branches has certain powers‚ and each of these powers is limited‚ or checked‚ by another branch. For example‚ the President appoints judges and departmental secretaries. But the
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Article II allows each state to take part in the selection of the President and Vice President yet clearly states Congress alone cannot elect them. Article III establishes the federal court system that oversees the court systems of the states. The Judicial branch‚ specifically the Supreme Court is the final arbiter and interpreter of Constitutional law. Article IV clearly establishes a set of checks and balances which apply to all states in the Union clearly outlining acceptable behaviors for all
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Cited: Talmadge‚ P. A. (n.d.). Understanding the limits of power Judicial restraint in general jurisdiction court systems. www.ushistory.org/gov/9e.asp. (n.d.).
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