previous times. JUDICIAL REFORMS Judicial reforms are the complete or partial political reform of a country or a country’s judiciary. These reforms are often done as a part of wider reforms of the country’s political system. Judicial reform usually aims to improve such things as law courts‚ advocacy (bar)‚ executor process‚ inquest and record keeping. Valery Dmitrievich Zorkin (2004) in his article “Twelve Theses and legal reforms in Russia” said “there was collaboration between judicial reforms and
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1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled
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As the First President of the newly created United States of America‚ much of what George Washington did‚ would set the stage for future presidents. Here are some of the precedents set by George Washington during his time in office o Established the Cabinet within the Executive Branch by appointing Thomas Jefferson Secretary of State and Alexander Hamilton Secretary of Treasury‚ a body that was not outlined within the Constitution. o Supported innovative fiscal concepts such as the Bank of America
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JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
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Should the courts use judicial activism or judicial restraint? This is a major point in every court case‚ mainly supreme court cases‚ of how should the judges determine the outcome. Should the judges go strictly based off what the law states or should they interpret the law according to how they believe will be correct. Some notable supreme court cases being‚ Brown vs Board of Education‚ Brown v. Entertainment Merchants Association‚ and Korematsu v. US. Most siding with judicial activism over restraint
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTION PART II ON WHAT GROUNDS CAN JUDICIAL REVIEW BE SOUGHT? The grounds for JR can be classified in at least three ways: 1. Two principal classes of action may be pursued under JR: those which allege that there has been a breach of statutory requirements‚ and those alleging that action has been taken in disregard of the rules of ‘natural justice’. 2. In Council for the Civil Service Unions v Minister of State for the
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10. Sources of precedent phenomena. The sources: 1) Folk tales – contains specific plot‚ heroes‚ situations‚ names and places that are passed on from generation to generation: (Br)The Three Little Pigs‚ Jack and His Friends etc. They define the national mindset. (- Ogres are legendary being which are usually depicted frequently featured in mythology‚ folklore‚ and fiction throughtout the world. Ogres appear in many classic worls of literature‚ and more often described in fairy-tales and
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Doctrine of Competence-competence The proper allocation of responsibilities between courts and arbitral tribunals for resolving disputes concerning arbitral jurisdiction – disputes about whether the plaintiff’s claim ought to be decided by an arbitral tribunal or a court – has been one of the most complex and controversial question of modern arbitration law. Although there is broad agreement on one general proposition that arbitrators are empowered to rule on their own jurisdiction and then proceed
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under
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The Truman Doctrine and the Development of American Foreign Policy during the Cold War On March 12‚ 1947‚ President Harry S. Truman defined United States foreign policy in the context of its new role as a world superpower. Many historians consider his speech to Congress as the words that officially started the Cold War. The Truman Doctrine was a major break from U.S. historical trends of isolationist foreign policy. His speech led to the Cold War policy of containment. Moreover‚ it served as a
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