Indian Constitutionalism The concept of constitutionalism is that of a polity governed by or under a constitution that ordains essentially limited government and rule of law as opposed to arbitrary authoritarian or totalitarian rule. Constitutional government‚ therefore‚ should necessarily be democratic government. In other words‚ Constitutionalism is a political philosophy‚ in which the functions of government of a state must be in accordance with the provisions of the constitution. Thereby meaning
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community and therefore they resolved to protect and enhance the environment quality. How could the judiciary remain a silent spectator when the subject has acquired high importance and become a matter of caution and judicial notice. In a developing country like India‚ with uneducated masses‚ conditions of abject poverty‚ where the awareness of socio-economic and ecological problems in lacking‚ the judiciary has to play an active role to protect the people’s right against the anti-people order by infusing
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What is Wrong with our Temper? A discussion on why the attitude of Indians has turned negative and how a pessimistic outlook has developed. The main reasons: Our Crumbling Institutions such as the Railways‚ State Electricity Boards (SEBs)‚ the Judiciary – to name a few. The Railways:- * Indian Govt. in miniature – inefficient‚ corrupt‚ hopelessly over-manned‚ utterly politicised with shoddy‚ callous service. * More than 50% of costs attributed to – staff salaries (reason: over-staffing).
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It has altered as well as developed over the past few centuries to absorb inferences from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo-Saxon character of judiciary which is basically drawn from the British Legal System. The primary origins of law: * The Indian Constitution * The Indian Constitution was framed by the Constituent Assembly and came into effect from 26th November 1949 (Article 1). The
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the Constitution are headed respectively "The Parliament"‚ "The Executive Government"‚ and "The Judicature". These chapters define the doctrine of the separation of powers and give us the names for each political branch; Legislature‚ Executive and Judiciary. This has been inherited by the British Westminster system upon which Australia’s political system is based. The separation of powers doctrine is an essential principle of law that ensures that all three political branches of government remain
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that it will take thirty years to decide whether the field‚ left by my ancestors for six generations‚ belong to me or to a stranger three hundred miles off.” Judiciary of Bangladesh is caught in a vicious circle of delays and backlogs. Backlog of cases causes frustrating delay in the adjudicative process‚ which is eating away our judiciary. While delay in judicial process causes backlog‚ increasing backlog puts tremendous pressure on present cases and vice versa. This process goes on with no apparent
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The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by
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In fact‚ there are two modes of changing law. First is‚ “law changed the society”; which means that the law of the land compels the society to be changed according to the law. When any dispute involving the question of law‚ came before the judiciary‚ the judiciary on the basis of rule of law‚ forced the society to change itself the existing custom or law .Second is‚ “society changed the law”; it means law is made by the society according to its requirement by its democratic instrument. i.e. Legislative
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judge hopefuls‚ who are ranked from well-qualified to not qualified. Most of the list comes from individual state court judges. When there is an opening for a federal judge position‚ the President nominates a candidate for the position. The Senate Judiciary Committee then evaluates the candidate to make sure they are appropriate for the position. The judge may take the life-term position after a majority vote has been received by the U.S. Senate (Selection of Supreme Court Justices and Federal Judges:
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The Judiciary and Civil Liberties Assignment 3: To what extent are judges politically neutral? In theory there should be no ’political’ role for judges‚ but in practice there is. Ministers and their departments can break the law‚ MPs can be charged with breaking laws about election expenses and civil servants can be charged with handing over secrets about their political ’bosses’. A member of the judiciary has to decide whether they will be charged and‚ if so‚ what they will be charged with‚ and
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