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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person who is party to a contract can recover damages if the other person breaches. The damages are equal to the actual damages or loss he experienced as a result of the breach of contract. The law stipulates that this is the appropriate remedy. A judicial remedy or equitable remedy for breach of contract‚ on the other hand‚ is not monetary damages. One example of an equitable remedy is an injunction. An injunction is granted when money wouldn’t be enough to make the plaintiff whole again; in other
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jp is a process whereby judges are required to follow the rules of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine
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The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As Dr. B.R. Ambedkar‚ the Chairman of the Drafting Committee puts it‚ the framers had tried to accumulate and accommodate the best features of other constitutions‚ keeping in view the peculiar problems and needs of our country. The following are the salient features of the Constitution of India. 1. Longest written constitution Indian Constitution can be called the largest
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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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In Marbury v. Madison‚ the U.S Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution. At the end of his term in office‚ President John Adams appointed a number of Federalist Party members to administration and judiciary positions. Although President Adams attempted to fill the vacancies prior to the end of his term‚ he had not delivered a number of commissions. In particular William Marbury was never confirmed. When Jefferson became
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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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This essay will seek to analyse the doctrine of the separation of powers and the importance of its presence within a constitution. Particular emphasis will be placed on identifying how this idea is incorporated into the United Kingdom’s (UK) constitution and the effect that recent developments of constitutional reform such as the introduction of the UK Supreme Court in place of the House of Lords has had. The doctrine of the separation of powers is an idea that can be seen in writings as far back
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discussion of some of the reasons that explain why a constitution is considered a “living document”. A number of reasons explaining why a constitution is considered to be a living document include‚ the ideas of separation of power‚ checks and balances‚ judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power
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had the final ruling on whether Marbury could finish his appointment process or not. This case was arguably the most important case in Supreme Court history due to the fact that it was the first U.S. Supreme Court case to apply the principle of “Judicial Review‚ the power of federal courts to void acts of Congress in conflict with the Constitution” (The court and Democracy) The decision made by Justice marshal this was a pivotal movement in the process of making the supreme court its own branch of
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