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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The executive branch is the most important government branch. The executive branch is the 3rd branch of government and with out it‚ the entire system would be backwards and out of order. The executive is the branch of a government charged with implementing‚ or executing‚ the law and running the day-to-day affairs of the government or state. The de facto most senior figure in an executive is referred to as the head of government. The executive may be referred to as the administration‚ in presidential
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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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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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Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving
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The Legislative Branch The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision‚ stop laws from being passed‚ and basically control all decisions the governments makes. The legislative branch‚ also called the congress‚ consists of the House of Representatives and the Senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
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Parasympathetic Dominants often use sleep to overcome energy losses following periods of sustained alertness. The Autonomic Nervous System • The sympathetic branch of the autonomic nervous system is responsible for functions that require focus and decision making. It’s the branch that speeds up when you need to go fast. It goes into high gear when an emergency situation requires quick thinking and reflexes‚ spurts of energy‚ hyper vigilance‚ and rapid heart rate - a need to “fight or flee fast”
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David Koresh and the Branch Davidians In 1993‚ 80 members of the Branch Davidian sect died when U.S. agents stormed their compound in Waco‚ Texas. These were led to there death by a charismatic young man‚ David Koresh‚ who believed he was a prophet chosen by God. It is very difficult to understand what happened at the Waco siege‚ and its memories are stuck in the minds of those who were there. The siege was at the 77-acre Mount Carmel ranch‚ about a 20-minute drive from 135‚ the busy freeway
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