Running head: JUDICIAL SYSTEM OF CALIFORNIA Judicial System of California BUSN420 Week 2 Assignment Jesse Self March 15‚ 2013 DeVry university‚ online Overview of the California Judicial System The three main court systems in California include Supreme Courts‚ Courts of Appeal‚ and Superior/Trial Courts. The majority of court cases in California begin in superior court‚ which are located within all 58 counties of the state. There are facilities located in more
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Should the courts use judicial activism or judicial restraint? This is a major point in every court case‚ mainly supreme court cases‚ of how should the judges determine the outcome. Should the judges go strictly based off what the law states or should they interpret the law according to how they believe will be correct. Some notable supreme court cases being‚ Brown vs Board of Education‚ Brown v. Entertainment Merchants Association‚ and Korematsu v. US. Most siding with judicial activism over restraint
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The judicial restraint theory is based off the idea that judges should limit the exercise of their own power. For example‚ it would make judges think before shooting down laws‚ just because they can‚ with the exception being that they are unconstitutional. The opposite of judicial restraint is judicial activism. Judicial activism is when judges make rulings based on politics or personal beliefs rather than the law itself. The main difference between these two philosophies is judicial restraint is
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clear. For example‚ Mormonism is often described as a branch of Christianity because both religions have Jesus as a central figure. Despite this misconception‚ Mormonism and Christianity have major differences in their historical backgrounds‚ key writings‚ definitions of God‚ Jesus‚ and the Holy Spirit‚ beliefs about salvation and what happens after death‚ among other differences. Therefore‚ Mormonism is a religion on its own and is not a branch of Christianity because of the multitude of disparities
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that judicial independence and neutrality is not entirely upheld in practice‚ however‚ due to the fusion of government branches that are inevitable in a parliamentary government. On the other hand it could also be strongly argued that both independence and neutrality are strongly upheld within the judiciary. It can be argued that judges are independent to a great extent due to the reformed appointment process. The
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Steyn argued that although ‘there is an overlap’ between irrationality and proportionality and ‘most cases would be decided in the same way’‚ the ‘intensity of review’ is ‘greater’. Since the courts first began applying the doctrine academic and judicial suggestions that proportionality should be in some way incorporated into domestic UK law have been regular. Moreover‚ pressure for reform has increased since the assent of the HRA (1998)‚ which
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“The independence of the judiciary is an important value in Irish constitutional law”. Article 35.2 states “All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law”.The above Article and Article 6 encapsulate the separation of powers in the Irish Constitution‚ from the perspective of the judiciary. The judiciary guard their exclusive powers jealously. In Buckley v. A-G [1950] I.R. 67 (otherwise known as the Sinn Féin Funds
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convention of ministerial responsibility in order to facilitate a full and free public debate. This shows that flexibility is necessary and that codification would inhibit the constitutions capacity to evolve. Statutory codification would allow for judicial interference with the conventions‚ hence it is incompatible with the principle of parliamentary sovereignty and the separation of powers. Andrew Blick argued that ‘the practice of
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Can parliament binds its successors? The rule that parliament may not bind its successors is often cited both as a limitation on legislative supremacy .By definition ‚ the regulation laid down by a predecessor cannot bind the present sovereign‚for otherwise the present holder for the post would not be sovereign.Dicey‚ outstanding exponent of the sovereignty of parliament accepted this point : ‘’The logical reason why parliament has failed in its endeavours to enacted unchangeable enactment
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legislative‚ executive‚ and judiciary; with the most powerful branch‚ the legislative branch‚ being divided further into two separate houses‚ the House of Representatives‚ with representation based on population‚ and the Senate‚ with an equal number of representatives from each state. Each branch of government is independent with its own sets of duties‚ and‚ as mentioned before‚ can check the power of the other two branches. The judiciary branch is kept separate from the influence of the masses and is
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