‘everything is permitted that is not prohibited’. However‚ in recent years‚ the protection of civil liberties has increasingly fallen to the courts‚ due to the wider use of the power of judicial review and the introduction of the Human Rights Act. One of the roles of Judiciary is to ‘Defend Civil liberties’ though Judicial review‚ As one of the Human rights Act is Habeus corpus- the right to a fair trial. Judges can overrule government if they are going beyond Ulta-Vires‚ judges can decide that other
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response. POL 303 Week 1 DQ 2 Judicial Independence Within a Political Process Judicial Independence Within a Political Process. Our judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter on disputes among states and between the states and the federal government. One important arbitration tool utilized by the judicial branch is judicial review. Judicial review is one of the U.S. Constitution’s
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Marbury v. Madison was the landmark case that laid the foundation for judicial review in the United States. Article III of the Constitution‚ in granting power to the judiciary‚ extended judicial power to various types of cases but made no comment as to whether a legislative or executive action could be struck down. Chief Justice Marshall‚ relying on reasoning and the Constitution‚ read the power of judicial review over acts of the government into constitutional law‚ thus setting the precedent for
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Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role discretion plays or alternatively doesn’t play in the sentencing and punishment of offenders. This includes statutory guidelines‚ mandatory sentencing‚ aggravating and mitigating circumstances and the use of victim impact statements. In terms of Statutory guidelines a number of acts inform the exercise of Judicial discretion
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historical contexts from which it emanates and it resides in public consciousness. Now‚ to identify whether constitutionalism is present in India or not‚ it can be analyzed with the help of various provisions of constitution which are: • Preamble • Judicial Review • Rule of law • Separation of power • Checks and balances and so on. Preamble There is no exhaustive list of features by which the validity or existence of constitutionalism can be tested; but every feature which limits the government and
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the two bodies dates back to the commencement of the constitution‚ within one and a half year‚ the legislature amended the constitution so that certain important judicial decisions could not come into effect. Phiroze K. Irani proposes to deal with the clashes between the legislative and the judiciary from three aspects. First‚ the judicial approach to the legislation especially in the public welfare field. Focusing the public welfare‚ sometimes legislature has to pass certain bills and make certain
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Advantages and Disadvantages of the jury system Advantages of the Jury System Long established trial by peers which has public confidence Lord Devlin‚ a famous House of Lords judge‚ has said that trial by jury is the “lamp that shows that freedom lives”‚ arguing that a defendant has the right to be tried by his peers. Supporters of this view maintain that a jury will exercise common sense rather than slavishly follow the law. For example the case of R v Wang W was charged with having an article
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Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013] eKLR REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYAAT NAIROBI (Coram: Mutunga‚ CJ;Rawal‚ DCJ;Tunoi‚ Ibrahim‚ Ojwang‚ Wanjala&Ndungu‚ SCJJ‚) ADVISORY OPINION REFERENCE NO. 2 OF 2013 -BETWEEN- 1. THE SPEAKER OF THE SENATE …………......APPLICANTS 2. THE SENATE OF THE REPUBLIC OF KENYA -AND- 1. THE HON. THE ATTORNEY-GENERAL ..INTERESTED PARTIES 2. THE SPEAKER OF THE NATIONAL ASSEMBLY 1. THE LAW
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degree of balance between the executive‚ legislative and judicial branches of government‚ which suggests a written constitution would be unnecessary. An example might be the practice of Parliament not commenting on sentences handed down by the courts. Another argument against a written constitution is that it would have to be relatively vague in places to allow it to evolve with society‚ and as a result would be constantly open to judicial interpretation. This would cause problems because unelected
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each other. There are two legal entities in this state that can do such judicial review (uji materiil) to our laws. The first entity is the Supreme Court. Supreme Court is the entity that can do judicial review to the regulation below law‚ for example Supreme Court can review regional regulation. Then the second entity that can do judicial review toward the law also is Constitutional Court. Constitutional Court can do judicial review when there’s a clash between the law and the constitution. In practicing
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