Introduction: The judicial system in Canada strives to maintain the position that those who enter the courts are innocent until proven guilty. Many minorities enter the courts for various reasons‚ sometimes opposing bills‚ other times for offences that are not always correct. Bills have been passed that target certain groups‚ minorities face the possibility of their ethnicity affecting how they are treated by the police and courts and‚ in particular‚ the indigenous people face negative victimization
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preserve the neutrality of judges and govern overt manifestations of judicial preference‚ whilst also protecting the judiciary from condemnation following any decisions they make . In addition to the 2005 Constitutional Reform Act‚ a substantial degree of security of tenure and remuneration‚ for instance‚ reducing a sense of fear within the judiciary. Tenure prevents judges from being removed from office on the basis of their judicial decisions‚ allowing them to perform their duties independently without
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is emphatically the province and duty of the judicial department to say what the law is." —Chief Justice John Marshal Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time‚ through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison‚1803 laying the foundation
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The use of judicial waivers and remand to adult court: Several types of transfer for youths from juvenile court to adult court‚ judicial waiver‚ statutory exclusion‚ and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular. "47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more
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Judicial independence is essential to preserve human rights and rule of law. Using examples‚ assess the validity of this statement. Judicial independence is defined as judges being absolutely free from interference and intimidation by external forces. Therefore‚ one of its importance is to preserve human rights. In order for that to be attained‚ a judicial body must be removed from external influences. This is to ensure a fair trial is preserved. An example of judicial independence is reflected
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Once the facts are determined‚ the judge will then make the application of law to the facts to determine which party would succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the doctrine
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Analyse the extent to which judges are able to develop the law through the operation of the doctrine of judicial precedent and in the interpretation of statutes. Discuss whether judges should be able to develop the law (30 marks+5marks for AO3) A French philosopher‚ Montesquieu‚ introduced the separation of powers theory in the 18th century. He aimed to prevent dictatorship by simply separating law-making power between the three branches‚ the executive‚ legislature and judiciary. Parliament are
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The executive and the judicial branches of government affect my life daily‚ the Judicial branch explains and analyzes laws‚ making certain that they are not violating the principles for which the Constitution stands for. For example‚ the judicial branch deals with court cases and we as citizens may be asked to be a juror on a case. The executive branch’s job is to put into action and manage laws that Congress passes only after they have been analyses by the judicial branch. The President is the head
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There is too much stuff found now days about deaths and torture in police and judicial custody in newspapers which diverts us to think that whether basic fundamental rights of an individual are being protected and safeguarded even when he is in police or judicial custody. As a human‚ every individual has certain rights and as these Human Rights are part and parcel of human dignity‚ they need to be protected by either Constitution of a country or by effective legislations in cases of arrest and detentions
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Criminal law is defined as the body of rules that define crime‚ set out their punishments‚ and mandate the procedures for carrying out the criminal justice process. The substantive branch of criminal law is responsible for developing the body of rules that define crimes and the punishments associated with each crime. It handles such issues as the different criteria that constitutes for different crimes‚ criminal defenses‚ and categories of crime. When defining various crimes‚ mental and physical
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