jp is a process whereby judges are required to follow the rules of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine
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The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As Dr. B.R. Ambedkar‚ the Chairman of the Drafting Committee puts it‚ the framers had tried to accumulate and accommodate the best features of other constitutions‚ keeping in view the peculiar problems and needs of our country. The following are the salient features of the Constitution of India. 1. Longest written constitution Indian Constitution can be called the largest
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In Marbury v. Madison‚ the U.S Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution. At the end of his term in office‚ President John Adams appointed a number of Federalist Party members to administration and judiciary positions. Although President Adams attempted to fill the vacancies prior to the end of his term‚ he had not delivered a number of commissions. In particular William Marbury was never confirmed. When Jefferson became
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INTRODUCTION The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State‚ the Executive‚ Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution‚ which is the supreme law of the land. According to Article 38 of the Constitution‚ “there shall be a Parliament of The Bahamas which shall consist of Her Majesty
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AS GOVERNMENT AND POLITICS INDUCTION PACK 2011-2012 Course expectations Welcome to the AS Politics course. This booklet will provide you with an overview of the module that you are studying and should be referred to on a regular basis. Please read it carefully before your first lesson. We want you to enjoy the course and to fulfil your potential. In order to achieve this we have a number of expectations. You should: Attend all lessons unless absent through illness and complete
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crime and the more extensive the offender’s criminal background‚ the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime. Mandatory minimum sentences are another method that was designed to limit judicial discretion while maintaining a “get tough on crime” approach. Mandatory sentences are sentences where all people convicted of certain crimes will be punished equally with a set minimum prison
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signed into law inaddition each year‚ thousands of bills are introduced in Congress‚ but only a few hundred are passed into law. one of the most important activities of Congress is failure of the Executive Branch. Congress may hold hearings to investigate the affairs and activity of the Executive Branch to ensure that it is carrying out the law with integrity. The Senate Considered the "Upper Chamber‚" it is thought out be more purposeful than the House. It consists of 100 Senators two from each state
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constitution is the highest law in the land and is the ultimate source of all law and lawful exercise of authority. In this way the court must invalidate any law that is inconsistent with the constitution. The judiciary hold the testing power (judicial review). Judicial review is counter-majoritarian because it gives unelected judges the power to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes‚
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Constitutional law The Mauritian Parliament has inherited much from the Westminster Model. The Westminster Model is characterised by: * Parliamentary Sovereignty * Separation of Powers between the organs of the State. A. Parliamentary Sovereignty In any state you will find one ultimate source of legal authority. In countries with a written constitution‚ it will be the constitution which has ultimate authority as in Mauritius. In the United Kingdom‚ with its uncodified constitution‚ ultimate
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Constitution‚ how do you classify Malaysia’s basic law? (6 marks) QUESTION 2 "Constitutionalism" is an important concept for checking abuse or misuse of government powers. Elaborate. (6 marks) QUESTION 3 Explain‚ with examples‚ the concept of judicial review on the ground of constitutionality. (6 marks) QUESTION 4 Distinguish four features of a ’responsible government’ with counterpart features of an ’independent government’. (6 marks) QUESTION 5 State three exceptions to the "rule
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