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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“A government of laws‚ and not of men.” John Adams (1735-1826) American lawyer‚ politician and 2nd President of the United States In his 7th “Novanglus” letter‚ published in the Boston Gazette in 1774 The concept of “a government of laws‚ and not of men” reflects a political philosophy that dates back to the ancient Greeks. But the phrase itself was enshrined in history and quotation books by John Adams. Prior to the start of the American Revolution‚ Adams used
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gone‚ many things have lost it is original intent‚ specifically the subject of the judicial review system‚ better known as judicial activism. The original intent of the Supreme Court was to accurately define what the law is. Meaning‚ that judges act as interpreters of the law‚ when the legal philosophy‚ or its application‚ is confusing. Judicial activism is the term used to define judges acting as lawmakers. Judicial activism violates the balance of powers set out in the state and federal Constitutions
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However‚ questions have arisen regarding how effective and credible the checks and balances system really is; debating whether some branches have more power than others. According to the constitution the legislative branch is to make the laws‚ the judicial branch is to review the laws to be sure that they are constitutional‚ and the executive branch is to enforce the laws. Each branch provides checks and reviews on the other branches to ensure separation of powers. The president is named by the Constitution
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Running head: THE BASIC STRUCTURE THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION Liji George Christ University Abstract There are certain core parts of the Constitution which cannot be amended‚ at least not with the normal procedures of amendment. There was a time in the history of India when this particular issue was hotly debated‚ like the period from 1970s to 1980s. The framers of the constitution wanted the constitution to be a dynamic document rather than a rigid framework‚ which
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UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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Judicial Activism in Pakistan Judicial Activism: Social change effected by judicial decree. The doctrine that the judicial branch especially the federal courts‚ may interpret the constitution by deviating from legal precedent as a means of effecting legal and social change. Judicial activism is a time honored trait of judicial function and to give up that trait is to surrender before these two mightier organs of the state. History bounds in scintillating examples of judicial activism‚ when the
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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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The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by
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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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