distributes the nation’s powers between what three branches? 8. What branch of government makes laws? 9. What branch of government enforces the law? 10. What branch of government interprets and applies laws? 11. What specific principle makes compromise a necessity? 12. What is the definition of the term judicial review? 13. What specific Supreme Court decision established the concept of judicial review? 14. What is the definition of the term federalism?
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elements of the constitution derives from Aristotle there are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; the three elements are the deliberative‚ the officials and the judicial element. * Montesquieu stressed the importance of the independence of the judiciary when the legislative and executive powers are united‚ there can be no liberty. There will be no liberty if the power of judging is not separated from the legislative
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UNIT 3 ESSAY: THE FOURTH BRANCH OF GOVERNMENT Norma Rogers January 4‚ 2011 Kaplan University Dr. Warren PA165-01 The Fourth Branch of Government It has been taught since elementary school that the United States government consists of three branches‚ including the Executive‚ Legislative‚ and Judicial. However‚ in those early days‚ there were no lessons on the influential fourth branch of government that operates alongside the other three and plays a central and increasingly
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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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3 branches‚ the Judicial Branch is 1 of those branches. Its job is to interpret laws and the constitution‚ there are many powers the Judicial Branch has given to them by Act 3 of the Constitution. One of the most if not the most important power is Judicial Review‚ this gives the Judicial Branch the power to rule whether a law passed by Congress and signed by the President is unconstitutional. How did the Supreme Court acquire the power of judicial review? The power of Judicial Review wasn’t established
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degree of balance between the executive‚ legislative and judicial branches of government‚ which suggests a written constitution would be unnecessary. An example might be the practice of Parliament not commenting on sentences handed down by the courts. Another argument against a written constitution is that it would have to be relatively vague in places to allow it to evolve with society‚ and as a result would be constantly open to judicial interpretation. This would cause problems because unelected
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the power of the law‚ the judiciaries take care of all the formalities. Example; if there’s an issue or concern in regards to specific laws made or being enforced the judiciary branch sees to it that it is properly resolved. They settle disputes involving legal contacts and see to it that they are enforced. No one branch makes a decision without the other checking to see if the outcome can be considered balanced “checks and balances”. (Talmadge). However they are restrained by state and federal
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