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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1 PRINCIPLES OF NATURAL JUSTICE Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It
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Differences between Monarchy and Democracy 1. Democracy is a type of government that emanates from the constituted powers that are elected‚ depending on the system (presidentialist‚ parliamentary‚ constitutional monarchy‚ semi presidentialist‚ semi parliamentary‚ etc...) directly or indirectly by the people. Whereas in an absolute monarchy‚ an absolutist regime exists and is in power because of family lineage. 2. In democracy three state powers(in most cases) exist as a checks and balances
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Concept of Natural Justice: An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power “If judicial review of administrative decision is the heart of administrative law‚ then concept of natural justice is one of the suppliers of blood to that heart. It is inherent in rule of law and our thirst for justice.” Abstract Natural justice is considered to be as old as the system of dispensation of justice itself. Since its move toward administrative adjudication‚ it has been the defender
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Introduction to the Rule of Law & the modern definition. Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred‚ in our context‚ is the Malaysian Constitution which embodies the definition‚ expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries. Rule
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| ASSIGNMENT ON | A.K KRAIPAK vs UNION OF INDIA | (A Case Study) | | | | AN ANALYSIS OF THE CASE OF A.K KRAIPAK VS UNION OF INDIA : INTRODUCTION: Kraipak vs Union of india is regarded as an epoch making decision as it demolishes the artificial and conceptualistic distinction between administrative and quasi judicial function
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Actio personalis moritur cum persona - A personal action dies with the person. This maxim relates to the extinction of liability of a person on his death. The personal representatives of the deceased can always sue for the recovery of debts due to the deceased.But he cannot sue for the breaches which caused mere personal injuries on nthe deceased. Origins of the maxim latin References ^ Goudy Two Ancient Brocards in Essays in Legal History Vinogradoff (ed.) and Winfield Textbook of the Law of
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General Principles As the written sources of EU law cannot always provide a solution for every question which comes before CJEU‚ there is what has become known as general principles of law. These principles originate from the laws of individual member states‚ such as equality and from interpretations of treaty articles. The legal basis for the incorporation of these principles can be found under Article 263 TFEU‚ which states infringement of rule of law‚ and in Article 340 TFEU there is a direct
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Discuss the meaning of justice. Critically analyse the extent to which the law is successful in achieving justice‚ and discuss the difficulties which is faces in seeking to do so. (30 marks + 5 AO3) Justice is central to our law. Most would agree the law should be just‚ but justice is not easy to define. The concept has been studied by many philosophers all of whom have their own theories of what a just society should be. Aristotle‚ a Greek philosopher‚ was born 384 years before Christ (BC). He
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or is it more of the enforcing of our rights freedoms that is more important. This controversial issue plays a major role in the Canadian Criminal Justice System as it must come to a delicate compromise of social control and due process. Audi Alteram Partem (Herbert Broom) in English translates that no one should be condemned un heard. This statement resonates throughout the constitutional Charter of Rights and Freedoms and ultimately dictates the importance of due process: the system that protects
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