Judicial Activism in Pakistan Judicial Activism: Social change effected by judicial decree. The doctrine that the judicial branch especially the federal courts‚ may interpret the constitution by deviating from legal precedent as a means of effecting legal and social change. Judicial activism is a time honored trait of judicial function and to give up that trait is to surrender before these two mightier organs of the state. History bounds in scintillating examples of judicial activism‚ when the
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Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
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Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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“DOCTRINE OF SALVATION” Romans speaks to Christians today just as powerfully as it spoke to believers of the first century. It speaks to moral‚ intellectual‚ social and spiritual issues. But most important of all‚ it lays the theological foundation for the Christian faith that Holy God has made it possible through Christ for sinner to be made right before Him. The theme of Romans is “The Righteousness of God”. In this letter‚ Paul tells how to be right with God‚ ourselves and others. Paul also
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Doctrine of Repugnancy From time immemorial‚ legislative bodies have been enacting laws all over the world. With the enactment of laws by different legislative bodies all over the world‚ conflict of laws is an unavoidable issue. However‚ in this article I will mainly be focusing on the conflict of laws with regard to India. In India‚ there are three wings of the Government‚ namely‚ The Legislature‚ The Judiciary and the Executive. The legislature has the law making powers for the entire country
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Question 1 Independence of the judiciary within the doctrine of the separation of powers INTRODUCTORY WITH THE ACT OF SETTLEMENT 1701 British constitutional principle of judicial independence Convention tracking its statutory origin and was enacted in 1701‚ Act of Settlement. The Act formally recognized the independence of the judiciary‚ the main content‚ secure the right to use qualification subject to good behaviour ‚ the removal of the judge (an address of both houses of parliament)‚ and
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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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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