The legislative branch checks over the other two branches by using the system of checks and balances. The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and
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There is too much stuff found now days about deaths and torture in police and judicial custody in newspapers which diverts us to think that whether basic fundamental rights of an individual are being protected and safeguarded even when he is in police or judicial custody. As a human‚ every individual has certain rights and as these Human Rights are part and parcel of human dignity‚ they need to be protected by either Constitution of a country or by effective legislations in cases of arrest and detentions
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is emphatically the province and duty of the judicial department to say what the law is." —Chief Justice John Marshal Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time‚ through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison‚1803 laying the foundation
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Today‚ I’m going to be talking about the Legislative Branch‚ and how it’s divided in three different parts. The three different parts are “Legislative Branch”‚ “Powers of congress”‚ and “Government oversight”. The Legislative Process is the steps that congress takes to approve a law. The first step that congress has to take was to introduce the introduction of the bill to congress. After introducing it to congress‚ the bill will have to be reviewed by the appropriate committee. Then after
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The use of judicial waivers and remand to adult court: Several types of transfer for youths from juvenile court to adult court‚ judicial waiver‚ statutory exclusion‚ and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular. "47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more
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Once the facts are determined‚ the judge will then make the application of law to the facts to determine which party would succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the doctrine
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Judicial independence is essential to preserve human rights and rule of law. Using examples‚ assess the validity of this statement. Judicial independence is defined as judges being absolutely free from interference and intimidation by external forces. Therefore‚ one of its importance is to preserve human rights. In order for that to be attained‚ a judicial body must be removed from external influences. This is to ensure a fair trial is preserved. An example of judicial independence is reflected
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A critical analysis of recent Supreme Court of Appeal judgments that have deviated from the stare decisis principle Lizl Pretorius June 2012 Dissertation submitted in partial fulfilment for the degree of Higher Diploma in Taxation International Institute for Tax & Finance in association with the Thomas Jefferson School of Law Abstract The decisions and methodology used by the Judges in a higher court‚ such as the Supreme Court of Appeal is binding on the lower courts. It is therefore
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Judicial Appointments For Fast Track Courts 2002 Under Article 139 - A of the Constitution of India 06.05.2002 Brij Mohan Lal Vs. Union of India and Other s With T.C. (C) No. 23 / 2001. SLP (C) No. 7870.10645 of 2001 and T.P. (C) No. 407 - 410 of 2001 Case Summary A case relating to the establishment and functioning of Fast Track Courts‚ which came into existence for the speedy disposal of long pending Sessions cases. The Eleventh Finance Commission allocated Rs.502.90 crores under the
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