UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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China to Singapore. The ship is supposed to transit via Vietnam. The goods are shipped out of China‚ but due to improper planning on the part of SureCan Pte Ltd‚ they are wrongly dispatched in Vietnam and further‚ SureCan Pte Ltd has not bothered to remedy the situation. Howcan Pte Ltd managed to trace the goods‚ but by that time‚ the goods have already gone bad. Howcan Pte Ltd is thinking of writing off its losses instead of suing SureCan Pte Ltd as the latter is in liquidation. However meanwhile
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There are natural remedies for depression that are successfully used by health care professionals. Quite a number of people living with depression day to day don’t want to depend on synthetic prescription antidepressant drugs prescribed to them by doctors for help. When looking at the possibility of being on medication for life‚ many people who suffer this condition are turning to natural remedies for depression. They would rather find natural treatments for depression that will help them cope
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CONSTITUTION OF INDIA The Constitution of India‚ according to Ivor Jennings‚ is “The longest and the most detailed in the world.” Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles‚ establishing the structure‚ procedures‚ powers and duties of the government. It spells out fundamental rights‚ directive principles and duties of citizens. The constitution of India was drafted by the Constituent Assembly. The drafting
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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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instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws‚ through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government‚ as well as firmly grounding the role of the Judicial Branch. To uphold the precedent already established in the United States by Federalists such as Washington and in fear
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elements of the constitution derives from Aristotle there are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; the three elements are the deliberative‚ the officials and the judicial element. * Montesquieu stressed the importance of the independence of the judiciary when the legislative and executive powers are united‚ there can be no liberty. There will be no liberty if the power of judging is not separated from the legislative
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constitution . The problem started when the judicial interpretation of property clause was considered as ambiguous by legislature and led to the amendment of the constitution .The tension between the legislature and judiciary has been discussed in paper on the basis of 3 points :1.’ the judicial approach to legislation particularly in the public welfare field’ ‚2.’ the legislative reaction to judicial interpretations of the Constitution’ 3.‚ the judicial attitude towards legislative privilege. The
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’dimensions’ of judicial activism. Legal and institutional heuristics Sant’Anna School of Advanced Studies Department of Law http://stals.sssup.it ISSN: 1974-5656 1 Electronic copy available at: http://ssrn.com/abstract=1889042 Constitutional adjudication and the ’dimensions’ of judicial activism. Legal and institutional heuristics Leonardo Pierdominici Abstract The dominant approach to constitutional law‚ and even more so to constitutional theory‚ has historically been judicial review-centered
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Mandatory Sentencing Introduction Mandatory testing refers to a special case of a court decision where by the judicial discretion is limited by the law. It is common knowledge that when people are convicted with crime they are punished by being sent to prison for a number of years. All the individuals who commit crime will be punished equally under a pre-determined minimum time in prison. The respective laws which guide mandatory sentencing differ from one country to another. The parliament passes
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