With the creation of the three branches‚ Legislative‚ Executive‚ and Judicial‚ the Constitution also created checks and balances‚ the capability for each branch to check the power of the others. To ensure the continuing proficiency of our democratic nation and "checks and balances" system‚ it is crucial to equalize the branches by separating‚ and equally distributing power among the three branches. However‚ before 1803‚ the judicial branch was lacking such said power over the legislative and executive
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Aristotle? American democracy‚ primarily the American judicial systems was formed on the belief of justice. What is justice? How does Aristotle’s ideas on justice relate to the American Judicial system? The approach taken in this paper will focus on the similarities and differences between the two. Using Aristotle’s Nicomachean Ethics to discuss the relationship‚ this paper with show the ideas and procedures used to this day in our American Judicial System. Justice is a hard word to define. Each
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NOTES OF CASES THECASEOF THE SLIPPERY EQUITY IN Re Vandervell’s Trusts (No. 2)‚’ Lord Denning M.R. said: “ (‘ Hard cases make bad law ’) is a maxim which is quite misleading. It should be deleted from our vocabulary. It comes to this: ‘Unjust decisions make good law’: whereas they do nothing of the kind. Every unjust decision is a reproach to the law or to the judge who administers it.”a Now that it has been decided that there is to be no appeal from the decision of the Court of Appeal‚ it is worth
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Human Rights Act 1998 has impacted on the judicial understanding of precedent Human rights are inalienable rights in which people are conferred with by birth. The state being the guardian of such rights have an absolute obligation to protect the human rights. Prior to the Human Rights Act 1998‚ a Uk citizen who had a grievance of a violation of a human right‚ had to complain to the Euoropean Court of Human rights in order to obtain redress. Comparatively‚ it can be said that by the enactment of
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Should the Supreme Court’s power of judicial review be strictly limited by a constitutional amendment? The Supreme Court’s power of judicial review should not be strictly limited by a constitutional amendment because the simple fact what if you do a judgment that they are not in the right of? If the judge is proved wrong then it will be appealed. For an example we the people shouldn’t be judged because what if one commits the same crime and does it intentionally such as killing someone and then
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University of Cambridge Faculty of law Tripos INTELLECTUAL PROPERTY Breach of Confidence/Trade Secrets Lionel Bently March 10 & March11‚ 2011: The Basics April 28: Employees May 2: Privacy and Publicity March 7 and 11‚ 2011 BREACH OF CONFIDENCE: THE BASICS Bently & Sherman (3d ed)‚ 1003-1066 ***Coco v Clark [1969] RPC 41 *A-G v Guardian (No.2) [1988] 3 All ER 545 **Campbell v MGN [2004] 2 AC 457 **Douglas v Hello [2008] 1 AC 1‚ 45-50 (paras 108-28 per
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1. Causation General Test Barnett v Chelsea Hospital [1969] 1 QB 428: P drank some tea which had been laced with arsenic and he presented himself at D’s hospital since he was vomiting. D told him to leave and call his own doctor. P died‚ but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital‚ and that D was negligent in not treating him.
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A Square Peg in a Round Hole – The Suitability of Judicial Review as a Remedy for All Constitutional Wrongs Legal Citation Guide: McGill Law Journal’s Canadian Guide to Uniform Legal Citation‚ 7th Ed. 2 I. Introduction The Constitution of the Republic of Singapore is the supreme law of the land1‚ and establishes a form of parliamentary government based on the separation of the legislative‚ executive and judicial powers. However‚ while each arm of the government operates
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Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if
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James Marshall U07764358 A Glimpse Into Our Judicial System: Observations of Municipal and Superior Courts The Suffolk Superior Courthouse and Edward W. Brooke Courthouse provided two distinct views into the judicial system. At the Suffolk Superior Court the defendant‚ Donald Williams‚ was on trial on charges of assault with intent to murder and aggravated assault and battery with a dangerous weapon‚ both felonies. Contrastingly‚ I viewed a number of arraignments at the Edward W. Brooke Courthouse
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