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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Courtroom Participants’ professional Standards Willie L Jones CJA/224 01-07-2013 University of Phoenix Abstract Prosecutorial misconduct is defined as the use of deceptive‚ illegal or reprehensible methods used by a prosecutor‚ to attempt to persuade either the court or the jury. Wrongful convictions in this country are nothing new to the criminal justice system. They are as old as the system itself‚ and they will continue to exist as long as the fallibility of human judgment continues.
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Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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In the 1825 case of Eakin v. Raub‚ Pennsylvania Justice John Bannister Gibson declared that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution
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DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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Often times we think of race and ethnicity to have the same meaning. However‚ there is a quite large difference in the two. Race usually pertains to the biological aspect‚ whereas ethnicity tends to describe the culture of an individual or a group of people. When I say that race pertains to biological differences I am talking about psychical differences. Race
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ADMINISTRATIVE ACTIONS To fully advise John‚ it is important to note that administrative actions emanate from public authorities. Control of these public authorities relates to the method of acquisition of power exercised‚ the source of such power as well as whether or not such power ought to be exercised pursuant to a particular procedure. It is clear to note that the power in question from the facts of the case at hand is that of the Commissioner of Lands‚ an office created by statute‚ with powers prescribed
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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in the courtroom could affect witnesses’ testimonials and juror’s verdicts? There has been an ongoing debate whether the media should be allowed in the courtroom. Media has been present in courtrooms since 63 B.C. (Court Reporting‚ n.d.). Throughout the ages‚ media has been involved in courtroom proceedings in one way or another. During the founding of our country‚ media presence was encouraged for the meeting of the Continental Congress sessions. Over time‚ media in the courtroom has been
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The impact of Ethnicity‚ Gender‚ Geographical Differences and Age on Individual Behavior The new era in business is facing with the globalization‚ and globalization brings diversity. Diversity is a very real aspect of the American’s culture. How does diversity impact individual behavior? According with Hung Ng (2005)‚ “humans exist not only as unique individuals‚ but also as members of social groups that are formed on the basis of ethnicity‚ gender‚ age‚ and so for.” These dual aspects of the human
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