JUDICIAL INDEPENDENCE IN AUSTRALIA AND MALAYSIA MEANING OF JUDICIAL INDEPENDENCE Montesquieu puts forward the idea that there is no liberty‚ if the judiciary power is not separated from the legislative and the executive. He said if it were joined with the legislative‚ the life and liberty of the subject would be exposed to arbitrary control; the judge would then be the legislator. If it were joined with the executive‚ the judge would behave with violence and oppression1. The principle of separation
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Role of Judiciary in Environmental Protection In India environmental law has seen considerable development in the last two decades. Most of the principles under which environmental law works in India come within this period. The development of the laws in this area has seen a considerable share of initiative by the Indian judiciary‚ particularly the higher judiciary‚ consisting of the Supreme Court of India‚ and the High Courts of the States. The role of the administration‚ although a critical
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Question 1 (1168 words) Jurisdiction Chosen: Country – Malaysia Malaysia has a unique legal system as it is the only country in the world that adapts a dual-track legal system where Islamic courts co-exist alongside with civil-institutions. Apparently‚ because of the dual legal system‚ Malaysia inherits legal tradition from both the Islamic law and the common law. The more interesting discussion of this research would elaborate how co-existence is possible in Malaysia without conflict. Before
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THE PROBLEMS FACING THE NIGERIA JUDICIARY SYSTEM THE JUDICIAL SYSTEM IN NIGERIA Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria‚ 1999. The Federation consists of 36 (thirty six) States and a Federal Capital Territory. This constitution vests the legislative‚ executive and judicial powers of the Federal Republic of Nigeria in the National Assembly‚ the Executive and the courts established there under respectively. The powers of the States are
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In the last five years‚ the Hawaii Judiciary has developed as part of its comprehensive planning program‚ a futures research component. Initially futures research was largely concerned with identifying emerging issues; that is issues that are low in awareness to decision makers and high in potential impact.1 At present the Courts futures program is engaged in a variety of activities. Researchers study the impact of possible legislation on the Judiciary‚ forecast future caseloads‚ publish a
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number four In your educated opinion‚ is the Judiciary really the weakest branch of government? Explain your answer. Has the Court gained or lost power over time? How would Hamilton respond to your argument? Judicial Branch is established under Article III of the Constitution. It was created to be the weakest of all three branches of government. Each branch has its own characteristics‚ but what distinguishes this branch from other two is that Judiciary is passive. It cannot act until someone brings
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Judges play many roles. They interpret the law‚ assess the evidence presented‚ and control how hearings and trials unfold in their courtrooms. Most important of all‚ judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides‚ which ensures that evidence and legal arguments will be fully and forcefully presented. The judge‚ however‚ remains above the fray‚ providing an independent and impartial
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International Law Faculty of Law‚ McGill University IMPLEMENTATION OF INTERNATIONAL LAW IN INDIA: ROLE OF JUDICIARY By Dr. Sunil Kumar Agarwal Abstract The effects of international law on the domestic legal order on various countries of the World are manifold. In countries which follow „monist‟ school‚ international treaties can be invoked before or applied by the judiciary. These are so-called self-executing treaties. On the other hand‚ countries like India follow the „dualist‟ school
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Yr 12 legal The Judiciary System in Australia Strengths and Weaknesses It is widely recognised that Australia’s System of decision making in the court is in need of significant reform‚ if the nation’s present and future need for fair justice is to be met. Contents Introduction 2 The Current Jury System (explanation) 2 Strengths of the Current Jury System (Analyse and critique) 3 Weaknesses of the Current Jury System (Analyse and critique) 3 What Legal alternatives are there
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Foundations Essay - Independence of the JudiciaryTo understand the expression ’the independence of the judiciary’ you first must understand what is meant my judiciary. The judicature is:The judicial power of the commonwealth shall be vested in a Federal Supreme Court‚ to be called the High Court of Australia‚ and in such other federal courts as the Parliament creates‚ and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other
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