INTRODUCTION The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State‚ the Executive‚ Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution‚ which is the supreme law of the land. According to Article 38 of the Constitution‚ “there shall be a Parliament of The Bahamas which shall consist of Her Majesty
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crime and the more extensive the offender’s criminal background‚ the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime. Mandatory minimum sentences are another method that was designed to limit judicial discretion while maintaining a “get tough on crime” approach. Mandatory sentences are sentences where all people convicted of certain crimes will be punished equally with a set minimum prison
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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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............................................................................................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ........................................................................................................... 4 The District Court
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There are three main types of judicial philosophy which is conservative‚ liberal‚ and moderate; this field is the metaphysical standpoints employed by judges to interpret laws. Theses recounts to the United States Supreme Court and the US courts and how the honesties and also the judges who work in those courts apply their belief systems. Judicial philosophy is extremely important because they decide which judges are agreed to unique court arrangements. Despite the fact that few judges observe to
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Fall 2012 Remedies Outline GENERAL PRINCIPLES GOVERNING DAMAGES COMPENSATION Harris v. Peters Compensatory damages are those awarded to a person as compensation‚ indemnity‚ or restitution for a wrong or injury sustained by him. The purpose of compensatory damages is to make the injured party whole and restore him to the position he was in before the loss‚ but not to enable him to make a profit or windfall. When personal property is destroyed or rendered useless‚ the measure of damages is the
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JUDICIAL SYSTEM OF PAKISTAN Judicial System of any country plays a vital role in her progress and in smooth running of state functionaries. All the developed countries of world have a well established and smooth running judicial system. Their courts are doing the justice irrespective of caste‚ living standards‚ official status of citizens and the individual powers. Even the most poor have the confidence in their courts and unbiased decision of courts are in fact a sword over the head of criminals
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In American Constitutional thought‚ it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time‚ but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable‚ however‚ that a completely independent judiciary is impossible in a democratic society. To some extent‚ the general populace plays
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BHINKAH S. v THE STATE 2009 SCJ 102 2009 MR 44 Record No. 7442 IN THE SUPREME COURT OF MAURITIUS In the matter of: S. Bhinkah Appellant V. The State Respondent JUDGMENT The Appellant pleaded guilty before the Intermediate Court to two counts of an information: namely‚ larceny whilst being more than two in number‚ in breach of Sections 301 (1) and 305 (1)(b) of the Criminal Code (Count 1) and larceny whilst being more than two in number and whilst being masked in breach of Sections 301(1)‚ 305(1)(b)
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