The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
Premium Separation of powers Human rights Law
Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
Premium Stare decisis Judge Ratio decidendi
1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled
Free Law Separation of powers Judge
property will be safe”(Douglas). The American judicial system which has undergone many changes since its colonial times has evolved with the changing times to reflect a modern society‚ however even with the changes that the judicial system has undergone it still faces a key critical point that continues to undermine the laws and justices from which our society is based. The glaring point is the differentiating treatment between the rich and the poor. In the judicial system the rich are given substantial
Premium Law Jury United States
guidance. Rather‚ Kant tests these moral concerns in practice and in doing so we discover that the charge of empty-formalism does not withstand careful scrutiny. Secondly‚ through this process I intend on being able to analyze where possible ways of addressing this critique may exist‚ and‚ drawing from the secondary literature‚ discuss ways that approaches to this critique may be useful in addressing the emptiness critique comprehensively. The formalist interpretation holds that moral law is a formal
Premium Morality Ethics Philosophy
Around the globe‚ social activists have been using activism and grassroot movements to cope with social ills and new ideas entering the society. In the essay “Democracy in Cyberspace: What Technology Can and Cannot Do for Us” by Ian Bremmer presents the idea of capitalistic pursuits set on technology in China. In the essay “Fences of Enclosure‚ Windows of Possibility”by Naomi Klein presents the idea of globalization around the world and how trade and globalization work together to advocate for democracy
Premium Sociology China Activism
previous times. JUDICIAL REFORMS Judicial reforms are the complete or partial political reform of a country or a country’s judiciary. These reforms are often done as a part of wider reforms of the country’s political system. Judicial reform usually aims to improve such things as law courts‚ advocacy (bar)‚ executor process‚ inquest and record keeping. Valery Dmitrievich Zorkin (2004) in his article “Twelve Theses and legal reforms in Russia” said “there was collaboration between judicial reforms and
Free Law Separation of powers Constitution
Government is broken down into three branches. Legislative‚ Executive‚ and Judicial. Think about it! The Legislative branch is grouped into Congress‚ The Senate‚ and The House of Representatives‚ this branch is responsible for writing laws. The Executive Branch contains the President of the United States‚ the Secretary of State‚ and the Attorney General. This branch is responsible for making the laws official. Also the Judicial Branch is the United States Supreme Court. This branch is in charge of addressing
Premium United States Constitution Federal government of the United States President of the United States
The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
Free Law Judge Separation of powers
ACTIVISM: Activism is regarded an act directed to cause or bring about changes in politics‚ social‚ economic or environmental changes. Activism can be of opposing or in support of an argument which has controversy. Mostly activism is used in politics more often than in the other three mentioned areas. There are various ways of engaging in activism. Mostly activism is associated with protests and confrontations. Actually activism can take other various forms depending on the activists. Strikes‚ matching
Premium Politics Activism Political philosophy