Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
Premium Separation of powers Supreme Court of the United States Judicial review
The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
Premium Separation of powers Human rights Law
Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
Free Common law Precedent Law
Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
Premium Fourteenth Amendment to the United States Constitution Plessy v. Ferguson
American Judicial System: Does it favor the criminal? by xxxxxxxxxx xxxxxxxxxxx submitted to xxxxxxxxxx Business Law Instructor for ENG xxx: xxxxxxxxxxxxxxx March 26‚ 2000 The American Judicial System: Does it favor the criminal? Statement of Purpose As crime in America seems to be decreasing‚ reports from law enforcement experts state that: violent crimes are expected to increase (Butterfield 6). Many people feel that the American Judicial System treats the
Premium Crime
USU 1300 Is Judicial Activism in the best interest of the American people? Suzanna Sherry reminds us in her working paper‚ Why We Need More Judicial Activism‚ that “an examination of constitutional practice shows that too little activism produces worse consequences than does too much” and since we cannot assure judges are consistently “fair” it is better to be overly aggressive than overly restrained. In the most basic sense‚ judicial activism is when judges apply their own political opinion in
Premium
controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
Premium Law Separation of powers Judicial review
Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
Premium Civil procedure Complaint Service of process
1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled
Free Law Separation of powers Judge
Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
Premium Stare decisis Case law Precedent