Judicial Accountability - an Illusion or a Reality In a ‘democratic republic’ power with accountability of the individual enjoying it‚ is essential to avert disaster for any democratic system. The accountability must be comprehensive to include not only the politicians‚ but also the bureaucrats‚ judges and everyone invested with public power. Power and position in the society come attendant with responsibility‚ and every incumbent of a public office must remain constantly accountable to the
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When Justices are appointed‚ they take the oath to make decisions that are fair and according to the Constitution. The decisions justices take every day affect the lives of Americans in many ways. The Justices are given the heavy responsibility to interpret the law and Constitution. However‚ many times Justices get confused about the original intent of the law‚ and therefore interpret it different from what the legislators wrote back then. Since the legislators of the Constitution are not alive today
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The Role of Forensic Accountants in the Development of Judicial Process By: Nnoruem Timothy O. M.Sc Accountancy PROBLEM STATEMENT In recent times‚ the world has witnessed the failure of large corporate organizations which has been attributed to large scale fraud by Directors in connivance with auditors. There is the case of Enro in the U.S‚ Parmalat in Italy and many cases in the U.K such as Polly Peek‚ Maxwell communications and BCCI. This development brought about in
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CIC JUDICIAL BODY OR ADMINISTRATION WING? Central Information Commission (CIC) set up under RTI (Right to Information) Act‚ 2005 is an authorized body to provide information to the individuals‚ by acting on the complaints from them who hasn’t received the information from the public authority. There has been a Quaeitur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court once when SC expressed diversified views
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Methods of judicial selection vary substantially across the United States. Though each state has a unique set of guidelines governing how they fill their state and local judiciaries‚ there are five main methods. The five main methods are partisan elections‚ nonpartisan elections‚ legislative elections‚ Gubernational appointment‚ and assisted appointment. There are five basic methods of judicial selection‚ but it is important to note that no two states use exactly the same selection method
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doctrines are the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that follows a Latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (Tufal‚ 2012). These past precedents are able to affect the development of law‚ as they can be binding‚ persuasive or original in nature towards future cases. However‚ in order to fully understand how judges can develop the law through the doctrine of judicial precedent‚ it
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The executive and the judicial branches of government affect my life daily‚ the Judicial branch explains and analyzes laws‚ making certain that they are not violating the principles for which the Constitution stands for. For example‚ the judicial branch deals with court cases and we as citizens may be asked to be a juror on a case. The executive branch’s job is to put into action and manage laws that Congress passes only after they have been analyses by the judicial branch. The President is the head
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Judicial control over administrative discretion in the case of preventive detention. SCOPE The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention. OBJECTIVES & AIMS To find out the reason for conferment of discretionary power on administrative authorities. To analyse the grounds where administration discretion can be challenged. To analyse the system of preventive detention in India. HYPOTHESIS
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Judicial legislation: Practically‚ every enacted law on a probing analysis reveals certain gaps which the judiciary is expected to fill up by way of interpretation. This is popularly known as “Judicial Legislation”. Such filling up is however expected to be done in consonance and conformity with the constitutional dictates and confined to the extent permitted by the Constitution which distinguishes it from being branded as an instance of “Judicial overreach” Do Judges make law? The traditional
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The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and make sure that no one is breaking it. This system is used to prevent the government from becoming too
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