Article II allows each state to take part in the selection of the President and Vice President yet clearly states Congress alone cannot elect them. Article III establishes the federal court system that oversees the court systems of the states. The Judicial branch‚ specifically the Supreme Court is the final arbiter and interpreter of Constitutional law. Article IV clearly establishes a set of checks and balances which apply to all states in the Union clearly outlining acceptable behaviors for all
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Cited: Talmadge‚ P. A. (n.d.). Understanding the limits of power Judicial restraint in general jurisdiction court systems. www.ushistory.org/gov/9e.asp. (n.d.).
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certain members of a covenant. The additional guard against tyranny was Separation of Powers which means the government was separated into different branches. The Constitution states that the Separation of powers were legislative‚ executive and judicial branches. Separation of power can defend against tyranny simply because there is 3 powers‚ not one; which does not make America have an absolute power. The third guard against tyranny were Checks and Balances‚ which were the balances in
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that judicial independence and neutrality is not entirely upheld in practice‚ however‚ due to the fusion of government branches that are inevitable in a parliamentary government. On the other hand it could also be strongly argued that both independence and neutrality are strongly upheld within the judiciary. It can be argued that judges are independent to a great extent due to the reformed appointment process. The
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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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“The independence of the judiciary is an important value in Irish constitutional law”. Article 35.2 states “All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law”.The above Article and Article 6 encapsulate the separation of powers in the Irish Constitution‚ from the perspective of the judiciary. The judiciary guard their exclusive powers jealously. In Buckley v. A-G [1950] I.R. 67 (otherwise known as the Sinn Féin Funds
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range of policy matters Judicial activism is not an easy concept to define. It means different things to different persons. Critics denounce judicial decisions as activist when they do not agree with them. Activism‚ like beauty‚ is often in the eye of the beholder. In India‚ the opening up of access to courts to the poor‚ indigent and disadvantaged sections of the nation through Public Interest Litigation‚ popularly known by its acronym PIL‚ is unexceptionable judicial activism. From 1979‚ the judiciary
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Corona’s “Midnight” Appointment: Legal or not? January 19‚ 2012 · by Teki · in Government‚ Personal Musings‚ Philippines‚ Politics Note: This blog is composed of 3 pages for easier reading. These days as the local news media is rife with stories of the impeachment trial of Chief Justice Renato Corona‚ people often hear the sentiment and impassioned opinion of a lot of our countrymen that the midnight appointment of SC Chief Justice Renato Corona was unconstitutional. In my previous blog entry
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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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INTRODUCTION In the world at large there is a very great need to achieve and maintain peace and harmony in the ruling atmosphere of a particular state. In order to put this in place the doctrine of separation of powers is put in action in the different parts of the nation. in this essay I will simply define the key terms which are separation of powers and then proceed by elaborating how how this separation of powers is important in running a state and how it came to be practiced in Botswana. I will
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