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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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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Judicial Department Article VIII‚ 1987 Constitution SECTION 1. The judicial power shall be vested in one Supreme Court and such in lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
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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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gone‚ many things have lost it is original intent‚ specifically the subject of the judicial review system‚ better known as judicial activism. The original intent of the Supreme Court was to accurately define what the law is. Meaning‚ that judges act as interpreters of the law‚ when the legal philosophy‚ or its application‚ is confusing. Judicial activism is the term used to define judges acting as lawmakers. Judicial activism violates the balance of powers set out in the state and federal Constitutions
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However‚ questions have arisen regarding how effective and credible the checks and balances system really is; debating whether some branches have more power than others. According to the constitution the legislative branch is to make the laws‚ the judicial branch is to review the laws to be sure that they are constitutional‚ and the executive branch is to enforce the laws. Each branch provides checks and reviews on the other branches to ensure separation of powers. The president is named by the Constitution
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While a murderer destroys the physical frame of the victim‚ a rapist degrades and defiles the soul of a helpless female‚" is the famous quote on this topic. Anatomy of Rape Sexual assault on women is a common phenomenon in our country. Under sexual assault comes; molestation‚ eve-teasing‚ child sex abuse‚ rape‚ marital rape‚ domestic violence. Of all these crimes‚ Rape is the most violent crime which is committed against women. According to Section 375 of the Indian Penal Code‚ Rape means an
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