SYMBIOSIS LAW SCHOOL‚ PUNE Legal research and methodology “SEPARATION OF POWER IN INDIAN CONTEXT” “FUNCTIONAL OVERLAPPING” Submitted by: Prashant Kumar Singh‚ LL.M. 1st yr.
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| CONTENTS CHAPTER I INTRODUCTION 2 1.1 Justice P.N. Bhagwati: An overview 2 1.2 PURPOSE AND OBJECTIVE OF THE STUDY AND THE METHODOLOGY ADOPTED. 4 CHAPTER II IMPACT ON INDIAN JUDICIARY 5 2.1 INDEPENDENCE OF JUDICIARY FROM JUSTICE BHAGWATI’S STANDPOINT 5 CHAPTER III EVOLUTION OF JAIL JURISPRUDENCE 11 4.1 DEVELOPMENT OF JAIL JURISPRUDENCE: INTRODUCTION 11 4.2RECOGNITION OF PRISONERS RIGHT TO FREE LEGAL AID 12
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INSTITUTIONAL DEVELOPMENT AS A CHALLENGE TO DEMOCRATIC SUSTENANCE IN NIGERIA Based on the journal‚ International Studies 44‚ 3 (2007): 217-33‚ by Sarabjit Kaur was mentioned about Institutional Development as a Challenge to Democratic Sustenance in Nigeria. Democracy is one of the important thing that must have in social‚ economic and political in nature. In the development of countries usually because of economic and social conditions that helped in the sustenance of democracy but it was primarily
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the Adam’s administration. The election of 1800 was a revolutionary election for it significantly altered economics by resulting in lowering and removing taxes like the Whiskey Tax and government expenditures‚ and in the Judiciary Branch as events like the repealing of the Judiciary Act of 1801 occurred. Whereas the Federalist economic policies under Adams supported a larger Federal government‚ Jefferson did the opposite‚ supporting the revolution nickname. Jefferson removed the whiskey tax‚ and
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most important piece of constitutional legislation the UK has ever seen.” However‚ we must also recognise that as a consequence of the incorporation of ECHR in English law‚ it had also led to some political tension between the Legislative and the Judiciary. Judges often being criticised that go beyond their constitutional role as a “interpreter” and hence violate the principle of parliamentary supremacy and Separation of power. This is because the ultimate purpose of HRA was designed to give judges
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challenge or even strike down‚ legislation that the judiciary regards as incorrect. By denying the Supreme Court for the United Kingdom this function of a Supreme Court has been created in name but not in function. It would be better if no change had been made at all.’ Discuss. ‘The emphasis on diversity in the judiciary is unnecessary. The culture of any judiciary is by nature conservative and there is no evidence that an unrepresentative judiciary would or do come to different decisions than a representative
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Article One In an article written by Fernando Garzon (2005)‚ titled “Interventions That Apply Scripture In Psychotherapy”‚ the subject of unethical politics behind the electing of judiciary candidates based on financial power and other terms that would be considered to be a fraud of our countries government if they were to be unearthed or confirmed. Chief Justice Wallace Jefferson states within the abstract of his article that financial power is the central focus of a large number of judicial
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Transformative Constitutionalism and the Rule of Law In 1994 South Africa’s legal order saw a major shift from parliamentary sovereignty to constitutional sovereignty. This meant that parliament had the ‘supreme controlling power to make and enforce decisions (in the form of legislation).’ In other words a court could not declare laws invalid if they had been properly constituted by parliament. Thus the power shifted from the legislature to the Constitution‚ which under the supremacy clause became
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proposition is therefore true; that‚ in a constitution like ours‚ the safety of the whole depends on the balance of the parts." 4. Baron Montesquieu (1689-1755‚ living in England from 1729-31) stressed the importance of the independence of the judiciary in De l’Esprit des Lois(1748): "When the legislative and executive powers are united in the same person‚ or in the same body of magistrates‚ there can be no liberty...Again‚ there is no liberty if the power of judging is not separated from the legislative
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Introduction “A constitution is a thing antecedent to a government and a government is only the creature of a constitution.A government without a constitution‚ is power without a right”. A written constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. An important theme in the literature is that the UK lacks a codified. A distinction is drawn between a constitution as the rules determining political conduct‚ which the
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