controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
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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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The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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previous times. JUDICIAL REFORMS Judicial reforms are the complete or partial political reform of a country or a country’s judiciary. These reforms are often done as a part of wider reforms of the country’s political system. Judicial reform usually aims to improve such things as law courts‚ advocacy (bar)‚ executor process‚ inquest and record keeping. Valery Dmitrievich Zorkin (2004) in his article “Twelve Theses and legal reforms in Russia” said “there was collaboration between judicial reforms and
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life‚ liberty‚ or property‚ without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gitlow v. New York exemplifies the protection of civil right and liberties with judicial activism. When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what
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that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule. Judicial reforms should‚ therefore‚ be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental
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I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
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