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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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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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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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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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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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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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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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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