specifically the judicial branch and how it’s the weakest branch of government. Hamilton believes that the Judicial branch only has the power to judge on laws‚ but does not alter the actual final decisions on what the laws people need to uphold. Hamilton recognizes that you need all three branches to make a successful government function and that the judicial branch is the least powerful of the three. The legislative branch makes the laws‚ executive branch enforces these laws and lastly the Judicial branch
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ADMINISTRATIVE LAW I TUTORIAL SHEET 1 1. What is a Constitution? What are the features of constitutions in general? 2. Explain the difference between a federal and a unitary constitution 3. Why is the UK constitution considered to be (i) flexible and (ii) not entrenched? 4. What are the characteristics of the Constitution of Trinidad and Tobago? 5. Explain the following doctrines:- Constitutional Supremacy Separation of Powers The Rule of Law Conventions 6. Explain the contemporary
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such as the United States; especially due to the power the Supreme Court has‚ such as the power of judicial review. However while it could be argued to have too much power‚ in a liberal democracy such as America it is necessary for the Supreme Court to function this way. Overall the power of the Supreme Court can be justified in a democracy. The Supreme Court’s most important power is its power of judicial review; which is the principle by which courts can declare acts of either the executive branch
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According to the Australian Constitution‚ the power to make laws vested in the parliament ‚ whilst the power to interpret laws and to judge whether they apply in individual cases‚ vested in the High Court and other federal courts. In fact‚ one of the major function of the high court is to interpret the Constitution. For instance‚ the High Court of Australia may rule a law to be unconstitutional‚ that is beyond the power of parliament to make‚ and therefore of no effect. Such a circumstance would
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Corona’s “Midnight” Appointment: Legal or not? January 19‚ 2012 · by Teki · in Government‚ Personal Musings‚ Philippines‚ Politics Note: This blog is composed of 3 pages for easier reading. These days as the local news media is rife with stories of the impeachment trial of Chief Justice Renato Corona‚ people often hear the sentiment and impassioned opinion of a lot of our countrymen that the midnight appointment of SC Chief Justice Renato Corona was unconstitutional. In my previous blog entry
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person who is party to a contract can recover damages if the other person breaches. The damages are equal to the actual damages or loss he experienced as a result of the breach of contract. The law stipulates that this is the appropriate remedy. A judicial remedy or equitable remedy for breach of contract‚ on the other hand‚ is not monetary damages. One example of an equitable remedy is an injunction. An injunction is granted when money wouldn’t be enough to make the plaintiff whole again; in other
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Judicial review is the process in which the judicial branch of the government‚ the supreme court‚ reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed
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CHAPTER – 1 GROUNDS OF JUDICIAL REVIEW INTRODUCTION “Public law is not at base about rights‚ even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.” * Sedley.J1 The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly‚ in order to succeed‚ the claimant (the person or body
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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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