Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
Premium Law
exemplifies the protection of civil right and liberties with judicial activism. When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However‚ in times of controversy‚ where personal preference or aspects of religious or personal nature are at hand‚ the judiciary should exercise their power with finesse‚ thereby acting out judicial restraint. An example of such is in the case of Engel v.
Free Supreme Court of the United States United States Constitution Brown v. Board of Education
Judicial Decisions.The effective law making process of modern Malaysia Table of Content Introduction Malaysian Judiciary Judiciary Administration Law Making Process … … Conclusion Introduction History of Malaysian Law Different countries practices difference types of legal system. Some country practices one type of legal system while other practices the mixed legal system which means a combination of two or more legal systems. Malaysia for example‚ practices the mixed legal system which
Free Separation of powers Law
practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy‚ but will be active when the time comes when the general public‚ in which the case is decided‚ feels a change is needed. We have enough evidence to see how our judicial branch should act. Should the judicial branch be more active towards shaping American policy or restrain as long as possible before being forced to act upon very critical civil policies? Judicial activism is the view that
Premium United States United States Constitution President of the United States
The Salem Witch Trials of 1692 were a dark time in American history. More than 200 people were accused of practicing witchcraft and 20 were killed during the hysteria. Ever since those dark days ended‚ the trials have become synonymous with mass hysteria and scapegoating. Causes Salem‚ Massachusetts was not alone in its witch hunt. A wave of witch trials swept Europe from the 1300s to the 1600s. These witch hunts happened for a variety of reasons and were greatly influenced by the fear
Premium Salem witch trials
I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
Premium Supreme Court of the United States Felix Frankfurter Harvard Law Review
JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
Premium Separation of powers Law
using the system of checks and balances. The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and make sure that no one is breaking it. This system is used to
Premium Separation of powers Law United States
THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
Premium Stare decisis Case law Precedent
Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving
Free Common law Precedent Stare decisis