American Government 24 February 2012 The Six Basic Principles Six basic principles build our Constitution and is the backbone of our government. Popular sovereignty‚ limited government‚ separation of powers‚ checks and balances‚ judicial review‚ and federalism all play major roles; from protecting our rights‚ to creating an equal balance of power in our government. Without these principles our Constitution and country as a whole would be different. Popular sovereignty means the government can
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and civil disputes‚ including disputes between individuals and the government. Members of the Indian judiciary are independent of the executive and legislative branches of government. The Supreme Court The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V‚ Chapter IV of the Constitution of India. According to the Constitution of India‚ the role of the Supreme Court is that of a federal court and guardian of the Constitution. Articles 124 to
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specifically the judicial branch and how it’s the weakest branch of government. Hamilton believes that the Judicial branch only has the power to judge on laws‚ but does not alter the actual final decisions on what the laws people need to uphold. Hamilton recognizes that you need all three branches to make a successful government function and that the judicial branch is the least powerful of the three. The legislative branch makes the laws‚ executive branch enforces these laws and lastly the Judicial branch
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According to the Australian Constitution‚ the power to make laws vested in the parliament ‚ whilst the power to interpret laws and to judge whether they apply in individual cases‚ vested in the High Court and other federal courts. In fact‚ one of the major function of the high court is to interpret the Constitution. For instance‚ the High Court of Australia may rule a law to be unconstitutional‚ that is beyond the power of parliament to make‚ and therefore of no effect. Such a circumstance would
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Re Gonzales‚ 160 SCRA 771 (1988) Fast factsRaul Gonzales forwarded an anonymous letter by “Concerned Employees of the Supreme Court” to Justice Fernan. Theletter was addressed to Gonzales referring to charges for disbarment brought by Miguel Cuenco against Justice Fernan andasking “to do something about this.” The action against Fernan was filed in the Tanodbayan. Tanodbayan – special prosecutor like a fiscal; ombudsman.Administrative Case No. 3135Resolution dated February 1988 entitled “Miguel
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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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Judicial review is the process in which the judicial branch of the government‚ the supreme court‚ reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed
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types of remedy available in the constitution of Pakistan against them? Answered by Sobia Fatima Advocate Judicial activism is a neologism for a broader term i.e. judicial review which in simple terminology is a power vested with the superior courts to adjudicate on the constitutionality of a law‚ statute‚ administrative action‚ constitutional provision or an amendment. The power of judicial review is exercised worldwide by the superior courts as it is a strong legal tool in the hands of the judiciary
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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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ADMINISTRATIVE LAW I TUTORIAL SHEET 1 1. What is a Constitution? What are the features of constitutions in general? 2. Explain the difference between a federal and a unitary constitution 3. Why is the UK constitution considered to be (i) flexible and (ii) not entrenched? 4. What are the characteristics of the Constitution of Trinidad and Tobago? 5. Explain the following doctrines:- Constitutional Supremacy Separation of Powers The Rule of Law Conventions 6. Explain the contemporary
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