which strictly formulated by different procedures. At present‚ it has spread and implement in many other countries such as Canada‚ Australia‚ and New Zealand. This essay would discuss the three main sources of law‚ which are Acts of parliament‚ judiciary precedent and statutory interpretation and also evaluate the relationship between legislation and judicial precedent. Furthermore‚ the rules of interpretation that contain Literal Rule‚ Golden Rule and Mischief would be explained in the second part
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significantly reformed following persistent criticism. This criticism was based on the constitutional doctrine of the separation of powers. Under this doctrine‚ the power of the state has been divided between three separate and independent arms : the judiciary‚ the legislature‚ and the executive. The idea is that the separate arms of the state should operate independently‚ so that each one is checked and balanced by the other two‚ and none becomes all powerful. The doctrine of the separation of powers
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legislation‚ Parliament debates and passes the law‚ and the judiciary upholds the Acts of Parliament. The complete separation of powers identified by Montesquieu in the uncodified English constitution no longer exists. The executive in the form of the prime minister and the cabinet is drawn from the largest party in parliament‚ where strong political parties and non-proportional electoral systems encourage artificially large majorities. The judiciary‚ too‚ is not independent of the legislature or executive
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systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption. The government system in many countries is divided into the legislative‚ executive and judiciary branches in an attempt to provide independent services that are less prone to corruption due to their independence. Systemic corruption (or endemic corruption)[5] is corruption which is primarily
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Constitution of India- Whether Federal or Unitary It has been the matter of debate among the scholars that whether the constitution of India is completely federal or unitary in nature. But actually Indian constitution contains both features of a federal constitution and unitary constitution. But for the very clear picture of this conclusion first of all we have to know that what is the federal constitution and what is unitary constitution. What feature of Indian constitution makes it federal or what
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applies a different‚ more suspicious standard toward direct legislation. In face of the judiciary being the only line of defense put forth in the initiative process‚ perhaps the court should be more suspicious‚ however‚ this does not seem as the best solution. A more encompassing one would be to change some of the institutions of direct democracy in order to assure both judicial defense and guarantee that the judiciary would not overstep its
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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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inferior Courts as the Congress may from time to time ordain and establish." The First Congress responded by enacting the Judiciary Act of 1789‚ which established 13 district courts in major cities‚ three circuit courts‚ and a Supreme Court composed of a Chief Justice and five Associate Justices (Library of Congress). History of the United States Court System The Judiciary Act of 1789 was one of the first pieces of legislation enacted by the newly formed U.S. Congress. The law created a dual
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these powers are often exercise without restraint and in controversial situations. PP are nevertheless important and they are not subject to tough enough parliamentary and judiciary scrutiny and I will support this by examining the available PP and their usage as well as the limited restrains from parliament and the judiciary on their use. History of PP Formally in the UK‚ executive powers are rested in the crown. However in reality this is not the case. Traditionally this was the stance in the
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Under the Articles of Confederation‚ the government was weak and states were like independent countries. So to try and fix these problems The United States Constitution was founded. It established America’s national government and guaranteed certain basic rights for its citizens. However‚ it wasn’t working as planned so it had to be ratified. After the adoption of the Constitution George Washington and Thomas Jefferson helped to establish a stable government. They did this by creating a separation
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