Definition of judicial restraint‚ mention Marbury V Madison (1803). Set out argument strict constructionists argue that the SC should stick to the original intentions of the FF whilst loose constructionists argue that the SC must reinterpret the Constitution in order to move with the times and bring it up-to-date. Judicial restraint has an impact on many members of US society that are not protected under the original Constitution. Main- All decisions whether restrained or activist have huge political
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Dangers of Judicial Activism in Australian Courts Far Outweigh any Advantages’. Discuss this statement. Judicial activism is described in Black’s Law Dictionary as "a philosophy of judicial decision-making whereby judges allow their personal views about public policy‚ among other factors‚ to guide their decisions‚ with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent." (http://dictionary.sensagent.com/judicial+activism/en-en/)
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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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INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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The judicial restraint theory is based off the idea that judges should limit the exercise of their own power. For example‚ it would make judges think before shooting down laws‚ just because they can‚ with the exception being that they are unconstitutional. The opposite of judicial restraint is judicial activism. Judicial activism is when judges make rulings based on politics or personal beliefs rather than the law itself. The main difference between these two philosophies is judicial restraint is
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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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Pakistan and then in a sudden a man rose like e phoenix from the ashes and struggled for the restoration of rule of law and opened a new era of justice for all “ JUDICIAL ACTIVISM 1. Introduction 2. Factors: * unceremonious removal of chief justice and the public reaction * Government apprehensions concerning Judicial Activism * Unprecedented defiance of Chief Justice * Reassertion/awaking role of civil society * role of media/projection of media in evoking public interest
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CHAPTER – 1 GROUNDS OF JUDICIAL REVIEW INTRODUCTION “Public law is not at base about rights‚ even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.” * Sedley.J1 The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly‚ in order to succeed‚ the claimant (the person or body
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“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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Judicial Election Process You May Know the Law But I Own the Judge: Why Congress Can and Should Get Involved in State Judicial Election Reform This article helped me to better understand the American judicial system and the election process of judges. The commission needs to know that whoever is selected is truly qualified to hold the position. The selection commission usually meets twice in the selection process‚ and the public is encouraged to attend both of the meetings. The commission
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