Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed that is the settled law since the historical decision
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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 Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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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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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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that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule. Judicial reforms should‚ therefore‚ be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental
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established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite (Based on Batasang Pambansa Blg. 129) 1987 Philippine Constitution Article 8 - Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower
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Open Source Software and Copyright Law ‘What is worth copying is prima facie worth protecting’1is the genesis of intellectual property rights. These rights refer to the property that is a creation of the mind: inventions‚ literary and artistic works‚ symbols‚ names‚ images‚ and designs used in commerce. The computer software industry has developed in the recent due to which the “open source software” or “free software” is gaining widespread attention. There has been an increased use and acceptance
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BUSL255 Assignment: Discuss the classification and sources of law in your own words. Law can be defined as a rule of human behavior that is imposed and enforced upon the land or state. Laws were created to ensure order and peace amongst people. Unfortunately‚ the greater amount of people there are‚ the more complex the laws will be. If laws were to be disobeyed‚ there are repercussions for disobedience which will enforce order. The concept of law can be established under two focus points‚ which
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the growth of presidential power. * By passing laws and expanding the role of the Federal Government‚ Congress has increased presidential power as well. * The ability to use the mass media‚ as every President since Franklin D. Roosevelt has‚ aids in gathering and holding public attention. The Presidential View The nature of the presidency depends on how each President views the office and exercises its powers. Executing the Law * As chief executive‚ the President executes (enforces
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