"Judicial activism vs judicial restraint" Essays and Research Papers

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    Misolas vs Panga

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    Misolas vs. Panga [GR 83341‚ 30 January 1990] En Banc‚ Cortes (J): 11 concur‚ 1 concurs in result‚ 2 dissented in separate opinions Facts: After receiving information from an unidentified informant that members of the New People’s Army (NPA) were resting in a suspected "underground house" in Foster Village‚ Del Carmen‚ Pili‚ Camarines Sur‚ elements of the Philippine Constabulary (PC) raided said house in the early morning of 8 August 1987. Three persons were inside the house‚ Arnel P. Misolas

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    Free-Will Vs Determinism

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    Free Will vs. Determinism The debate‚ free will versus determinism‚ has been long debated for centuries. Free will is a concept that holds individuals responsible for the action and decisions of their lives. Adversely‚ other individuals believe one’s life is predetermined. For the purpose of this essay I will prepare dialogue between myself and philosopher Socrates. I will also define free will and determinism. The Dialogue XXXXXX: Determinism is interpreted as the philosophical theory or doctrine

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    Roe Vs Wade Summary

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    Deciding whether the abortion laws should be upheld and enforced in Texas or if they should be repealed was an important decision that the Supreme Court had to make in the Roe vs Wade case. Roe‚ whose real name was Norma McCorvey was a pregnant women that lived in Texas in the early 1970’s. She wanted to get an abortion so she said she got raped since that was the only way she would be able to get an abortion. She wasn’t allowed to get one since their was no police report about the rape. She thought

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    Marbury Vs. Madision

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    and must uphold it. The Judicial Branch consists of the Supreme Court and the judges‚ and the Supreme Court interprets the U.S. Constitution. The Supreme Court deals with cases involving the Constitution ‚ the federal laws‚ treaties and disputes between the states. It does the job its set up to do and the job only‚ on what powers are allowed by the Constitution. The Constitution is very clear about the position of the Supreme Court as stated in Article III. “The judicial power of the United States

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    Nfib vs. Sebelius

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    consideration John Marshall’s opinion of judicial review in Marbury v. Madison; judicial review is present in both cases but in different ways. Roberts was aware that allowing Congress the power to control the purchase of healthcare services under the Commerce Clause was overstepping its boundaries‚ and so his opinion stating that Congress cannot control inactivity created precedential value. When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison‚ his

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    Democracy vs. Absolutism

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    Democracy vs. Absolutism During the 1500’s there was a debate if the government should be Absolutism‚ or Democracy. There both really good ways to live but Democracy had a better limit. Democracy gave the people and the government freedom of speech‚ it limited the power of the government‚ and it protected them. Absolutism had a absolute monarch running the country. Democracy gave the people freedom of speech. Everyone deserves to speak their mind. Voltaire said “I may disapprove of what

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    The Senate Vs the House of Representatives 1 The Senate Vs the House of Representatives Erika Williams Eng121 Brian Davis 04/29/2011 The Senate VS the House of Representatives 2 The government of the United States is made up of three branches: The legislative branch‚ the executive branch and the judicial branch

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    Importance of Madison v. Marbury Judicial review is a power within the federal government‚ which allows the Supreme Court to declare the acts of the executive branch and legislative branch unconstitutional. Through the Supreme Court’s decision regarding the case of Marbury v. Madison‚ the doctrine of judicial review was declared (Haas). This act further established the efficiency of the checks and balances system between the branches of the government by extending the judicial branches legislative and executive

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    Floresca vs. Philex Mining

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    children EDITHA‚ ELIZABETH‚ DIVINA‚ RAYMUNDO‚ NESTOR and AURELIO‚ JR. all surnamed LANUZA; EMERENCIANA JOSE VDA. DE ISLA‚ in her own behalf and on behalf of her minor children JOSE‚ LORENZO‚ JR.‚ MARIA‚ VENUS and FELIX‚ all surnamed ISLA‚ Petitioners‚ vs. PHILEX MINING CORPORATION and HON. JESUS P. MORFE‚ Presiding Judge of Branch XIII‚ Court of First Instance of Manila‚ Respondents.   MAKASIAR‚ J.: This is a petition to review the order of the former Court of First Instance of Manila‚ Branch XIII

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    Universalism vs. Particularism is a concept forwarded by Fons Trompenaars‚ a Dutch author. Basically‚ this dimension asks if which is more important to you‚ rules or relationships. The Universalist‚ or rule-based‚ approach is roughly: "What is good and right can be defined and ALWAYS applies." In particularistic cultures‚ far greater attention is given to the obligations of relationships and unique circumstances. Universalism vs. Particularism indicates how a society applies rules of morals

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