canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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INTRODUCTION This paper is set to advise John Phiri on the best possible action to take in relation to redress in the courts of Law. In due course‚ this paper will attempt to demonstrate why the said action is the best under the prevailing circumstances. This paper will also employ relevant legislation and authorities and draw a conclusion to elucidate this fact. CONTROL OF ADMINISTRATIVE ACTIONS To fully advise John‚ it is important to note that administrative actions emanate from public authorities
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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The Executive Branch I.The President of the United States: George W. Bush i.Requirements to Hold Office: You must be at least thirty-five years old‚ a natural born citizen of the United States‚ and a resident of the US for no less than fourteen years. ii.Duties and Powers: The President must execute laws‚ commission all officers of the United States‚ and adjourn or convene both houses. It is also a duty of the President to pass and regulate laws. With the consent of the Senate he may make treaties
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CHAPTER 14 NOTES Article II Article II‚ the Constitution’s Executive Article‚ begins this way: “The executive power shall be vested in a President of the United States of America.” With these few words‚ the Framers established the presidency. Why Presidential Power Has Grown * Over the course of American history‚ the champions of a stronger presidency have almost always prevailed. * The nation’s increasingly complex social and economic life has also influenced the growth of presidential
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system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and prompt trial (Rule of Law Institute of Australia 2015). This could be an issue with indeterminate sentencing
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1st National Law & Governance Essay Competition Judicial Accountability Bill – Needs “Power tends to corrupt a man‚ and absolute power corrupts man absolutely.” -Lord Acton In India Government has basically three organs with itself that is the Legislative‚ Executive and Judiciary at its both State and the Centre level and there is a separation of power among the three which means the functions of the Government bodies
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Introduction: Judicial 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 ie‚ 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 law.
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Influences on Judicial Power Under Article III of the Constitution the judicial branch was established‚ but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78‚ Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review
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