Judges have to make many discretionary decisions while they are on the bench. This is due to the fact that the law‚ no matter how well it is written‚ cannot anticipate every circumstance and eventuality that may be subject to that law. As a result‚ Judges are charged with making rational decisions in regards to the cases that don’t adequately fit the ramifications of the law. Most of the decisions that are made by Judges are independent of official guidelines and vary from Judge to Judge. This
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“A government of laws‚ and not of men.” John Adams (1735-1826) American lawyer‚ politician and 2nd President of the United States In his 7th “Novanglus” letter‚ published in the Boston Gazette in 1774 The concept of “a government of laws‚ and not of men” reflects a political philosophy that dates back to the ancient Greeks. But the phrase itself was enshrined in history and quotation books by John Adams. Prior to the start of the American Revolution‚ Adams used
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UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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There are three main types of judicial philosophy which is conservative‚ liberal‚ and moderate; this field is the metaphysical standpoints employed by judges to interpret laws. Theses recounts to the United States Supreme Court and the US courts and how the honesties and also the judges who work in those courts apply their belief systems. Judicial philosophy is extremely important because they decide which judges are agreed to unique court arrangements. Despite the fact that few judges observe to
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JUDICIAL SYSTEM OF PAKISTAN Judicial System of any country plays a vital role in her progress and in smooth running of state functionaries. All the developed countries of world have a well established and smooth running judicial system. Their courts are doing the justice irrespective of caste‚ living standards‚ official status of citizens and the individual powers. Even the most poor have the confidence in their courts and unbiased decision of courts are in fact a sword over the head of criminals
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A Constitution is a collection of rules that ensures a country is running efficiently. It guarantees that the government are governing correctly and that the rights of individual citizens are being protected. Constitutions can be found in different forms. They can be written or unwritten‚ rigid or flexible‚ federal or unitary in structure. Our UK constitution is unwritten however it possesses strong core constitutional principles‚ such as parliamentary supremacy‚ a responsible government‚ the rule
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How Did The Constitution Guard Against Tyranny? Have you ever wondered what the US would be like if our government was a tyranny? Well‚ thanks to our founding fathers for creating a strong constitution‚ we don’t have to worry about that. The constitution was written in 1787 in Philadelphia. The problem was that the existing government that was under the Articles Of Confederation wasn’t very successful. Therefore‚ the fifty-five delegates representing twelve out of the thirteen states came together
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CONSTITUTION OF INDIA The Constitution of India‚ according to Ivor Jennings‚ is “The longest and the most detailed in the world.” Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles‚ establishing the structure‚ procedures‚ powers and duties of the government. It spells out fundamental rights‚ directive principles and duties of citizens. The constitution of India was drafted by the Constituent Assembly. The drafting
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The study of Law and the process of Judicial Rhetoric are two concepts that have been around since the days of Aristotle. While both have transitioned with time‚ the core of both of them have stayed the same. Where there is law‚ there has to be some sort of Judicial process. This procedure is how justice is administered and Truth is upheld in a society. You can not look at one of these ideas without the other. However‚ 15 pages is not nearly enough space to encompass such broad topics. Therefore
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Legislative Branch The Legislative Branch is one out of the three branches of the government. All of the Legislative Branches rights and powers are defined in the U.S Constitution. However the Legislative Branch is the most powerful branch. The Legislative Branch is the most powerful branch because they make laws‚ declare war‚ and override presidential veto‚ and many more. One of the Legislative branches power is to declare war. The founders of US Constitution didn’t want to give the president
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