Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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The Executive Branch The executive branch is headed by the President‚ who is elected by a direct vote of the people. The term of office of the President‚ as well as the Vice-President‚ is six (6) years. As head of the Executive Department‚ the President is the Chief Executive. He represents the government as a whole and sees to it that all laws are enforced by the officials and employees of his department. He has control over the executive department‚ bureaus and offices. This means that he has
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is clearly unobtainable as seen in Brave New World by Aldous Huxley and in the Branch Davidian Cult in Waco Texas. These potentially utopic societies are quickly disfigured and become dystopias. Dystopias are societies in which the government‚ in an attempt to create a utopia‚ form an over controlling polarized society in which the inhabitants are generally unhappy or ignorant. The novel Brave New World and the Branch Davidian Cult exemplify the pursuit of a utopian society and its transformation
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‘everything is permitted that is not prohibited’. However‚ in recent years‚ the protection of civil liberties has increasingly fallen to the courts‚ due to the wider use of the power of judicial review and the introduction of the Human Rights Act. One of the roles of Judiciary is to ‘Defend Civil liberties’ though Judicial review‚ As one of the Human rights Act is Habeus corpus- the right to a fair trial. Judges can overrule government if they are going beyond Ulta-Vires‚ judges can decide that other
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Re Gonzales‚ 160 SCRA 771 (1988) Fast factsRaul Gonzales forwarded an anonymous letter by “Concerned Employees of the Supreme Court” to Justice Fernan. Theletter was addressed to Gonzales referring to charges for disbarment brought by Miguel Cuenco against Justice Fernan andasking “to do something about this.” The action against Fernan was filed in the Tanodbayan. Tanodbayan – special prosecutor like a fiscal; ombudsman.Administrative Case No. 3135Resolution dated February 1988 entitled “Miguel
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supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty‚ and is supreme over all other government institutions‚ it also include executive or judicial bodies. The concept also holds that the legislative body may change or repeal any previous legislation‚ and so that it is not bound by written law (in some cases‚ even a constitution) or by precedent When Dicey wrote Law of the Constitution in 1885
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Marbury v. Madison was the landmark case that laid the foundation for judicial review in the United States. Article III of the Constitution‚ in granting power to the judiciary‚ extended judicial power to various types of cases but made no comment as to whether a legislative or executive action could be struck down. Chief Justice Marshall‚ relying on reasoning and the Constitution‚ read the power of judicial review over acts of the government into constitutional law‚ thus setting the precedent for
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Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role discretion plays or alternatively doesn’t play in the sentencing and punishment of offenders. This includes statutory guidelines‚ mandatory sentencing‚ aggravating and mitigating circumstances and the use of victim impact statements. In terms of Statutory guidelines a number of acts inform the exercise of Judicial discretion
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the ideal of ’Public Interest Litigation’ was blossomed in S.F. Gupta and others vs. Union of India‚ (AIR 1982 SC 149). Judicial Activism: The expression `Judicial Activism’ signifies the anxiety of courts to find out appropriate remedy to the aggrieved by formulating a new rule to settle the conflicting questions in the event of lawlessness or uncertain laws. The Judicial Activism in India can he witnessed with reference to the review power of the Supreme Court under Article 32 and I (belt Courts
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historical contexts from which it emanates and it resides in public consciousness. Now‚ to identify whether constitutionalism is present in India or not‚ it can be analyzed with the help of various provisions of constitution which are: • Preamble • Judicial Review • Rule of law • Separation of power • Checks and balances and so on. Preamble There is no exhaustive list of features by which the validity or existence of constitutionalism can be tested; but every feature which limits the government and
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