system of preventive detention in India. HYPOTHESIS Judiciary review on exercise of discretion in the case of preventive detention CHAPTER -I INTRODUCTION Administrative has to function according to the law and the constitution. It is a fundamental duty laid down against every administrative action that it should not violate the fundamental rights guaranteed by the constitution. For this purpose‚ the judiciary has an important role to play in protecting the citizen
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Mauritius turned into a sovereign democratic state. Mauritius became a Republic on 12 March 1992. The Constitution of Mauritius provides for separation of powers through the three organs available to the State: the Legislature‚ the Executive and the Judiciary. The Legislature The Parliament of Mauritius is modeled after the Westminster system of parliamentary democracy‚ where Members of Parliament are voted in at regular general elections on the basis of a first past the post system. The Parliament
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who helped bring cannon to Washington during the American Revolution who became a friend of Washington‚ and he was selected to be secretary of war. Over the years the cabinet expanded and acquired new positions to fulfill the nation demands. The Judiciary act of 1789 was one of the biggest things that took place during Washington’s administration. The Constitution stated that there will be three branches of government‚ and one of the branches should be the judicial branch. One of the things that Washington
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Article III of the Constitution‚ "The judicial Power of the United States‚ shall be vested in one supreme Court‚ and in such inferior Courts as the Congress may from time to time ordain and establish." In accordance with this directive‚ the federal judiciary is divided into three main levels. At the bottom are the federal district courts‚ which have original jurisdiction in most cases of federal law. Made up of 92 districts‚ the federal district court system has at least one bench in each of the 50
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"[The Judicial Branch] may truly be said to have neither FORCE nor WILL‚ but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later‚ in article 3 section 2‚ the Judicial branch is granted power that “extend[s] to all Cases
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INTRODUCTION Public Interest Litigation: The term "Public Interest" means the larger interests of the public‚ general welfare and interest of the masses ((Oxford English Dictionary 2nd Edn.) Vol.Xll) and the Word “Litigation” means "a legal action including all proceedings therein‚ initiated in a court of Law with the purpose of enforcing a right or seeking a remedy." Thus‚ the expression `Public Interest Litigation’ means "any litigation conducted for the benefit of public or for removal of some
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General discussion on the draft Constitution continued from 19 October to 30 October of 1972. The Constituent Assembly taking to sittings in 8 working days and about 32 hours. A total of 48 MCA’s (Members of Constituent Assembly) in the 404 members Assembly participated in the debate. Of them 45 belongs to the rulling Awami League‚ one to the opposition NAP and two were independents. Of the 45 Awami Leagues 9 weres ministers. Out of 48 participants 16 were the members of the Committee which drafted
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Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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is commonly found in countries with authoritarian or dictatorial governments and in those without adequate policing of corruption by anti-corruption agencies. 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. [edit]Systemic Systemic corruption (or endemic corruption[2]) is corruption which is primarily due to the weaknesses of an organization
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ORLAITH MOLLOY The Irish Constitution’s fundamental rights provisions are found in Articles 40 to 44. The Irish courts have found that the Constitution guarantees both the rights specified and those unspecified‚ which have been implied to date by the judiciary. This article questions the legitimacy of the courts’ actions in the past with respect to unenumerated rights and advocates a solution to the problem currently at hand: the unstable and dubious situation of such unenumerated rights. To resolve this
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