“We all learn in school that the judicial‚ legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well‚” stated by Alan Dershowitz. All of the branches should be checked on power by everyone. That is where Judicial review comes in‚ it is a check and balance on the Executive branch and the Legislative branch. Judicial review is an important part of our constitutional system
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UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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Judicial review is the process in which the judicial branch of the government‚ the supreme court‚ reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed
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Essay #1 – Judicial Activism Do we need judicial activism to flesh out the vague phrases in the Constitution? This question is truly at the heart of the topic. Do we need judicial activism to protect our rights? What exactly are our rights? While this may seem like a silly or obvious question‚ it is vitally important in answering this question. How is a court‚ or a legislature‚ supposed to draw meaning from such vague phrases as “Due Process of law” or “equal protection” or even “free speech
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’Judicial Method: activism versus formalism’ A new era has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the more traditional method of judicial formalism. Supporters of the latter’s concerns that it promotes power without responsibility‚ and blurs the separation of powers‚ however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a method
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The Supreme Court’s powers include many different things. They are the highest court within the judicial branch of the United States government. They are oftentimes the deciding factor when it comes to cases that derive from lower courts. Supreme Court justices are guaranteed a life long term and are appointed by the President (U.S. History). However‚ the Supreme Court has much more power than just listening to cases day by day. They are highly experienced individuals within their realm of expertise
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There is too much stuff found now days about deaths and torture in police and judicial custody in newspapers which diverts us to think that whether basic fundamental rights of an individual are being protected and safeguarded even when he is in police or judicial custody. As a human‚ every individual has certain rights and as these Human Rights are part and parcel of human dignity‚ they need to be protected by either Constitution of a country or by effective legislations in cases of arrest and detentions
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JUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu‚ PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the
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JUDICIAL REVIEW AND THE INDIAN COURTS Literally the notion of judicial review means the revision of the decree or sentence of an inferior court by a superior court. Judicial review has a more technical significance in pubic law‚ particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means that Courts of law have the power of testing the validity of legislative as well as other governmental action with reference
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Judicial Branch Test Review Original Jurisdiction: The original jurisdiction of a court is the power to hear a case for the first time‚ as opposed to appellate jurisdiction‚ when a court has the power to review a lower court’s decision. Supreme Court: The Supreme Court of the United States (first abbreviated as Scotus in 1879)[1] was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary)
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