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to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes‚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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Influences on Judicial Power Under Article III of the Constitution the judicial branch was established‚ but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78‚ Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review
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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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INTRODUCTION In the world at large there is a very great need to achieve and maintain peace and harmony in the ruling atmosphere of a particular state. In order to put this in place the doctrine of separation of powers is put in action in the different parts of the nation. in this essay I will simply define the key terms which are separation of powers and then proceed by elaborating how how this separation of powers is important in running a state and how it came to be practiced in Botswana. I will
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Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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Reforming Oregon Judicial Selection Introduction: As a member of this committee it has been an honor to explore some of the concerns revolving around the judicial selection process in this Great State of Oregon. Oregon’s above average voter participations is an example of just how important democracy is to the individuals of the state. The committee has been asked to examine the nonpartisan judicial election process and to determine whether or not the non-partisan judicial selection has become
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1st National Law & Governance Essay Competition Judicial Accountability Bill – Needs “Power tends to corrupt a man‚ and absolute power corrupts man absolutely.” -Lord Acton In India Government has basically three organs with itself that is the Legislative‚ Executive and Judiciary at its both State and the Centre level and there is a separation of power among the three which means the functions of the Government bodies
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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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