bureaucrat has discretion and political accountability which would lead one to believe that the principle of a representative bureaucracy would be supported by Friedrich but would be refuted by Finer (1941); he believed that the bureaucracy should be politically neutral and have external controls; this would hinder the advocacy role of a bureaucrat. Friedrich (1940) on the other hand believed that the bureaucrat should be controlled by internal mechanisms and have greater discretion; this discretion would
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Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judge’s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation‚ they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law‚ which means‚ where laws are taken from to aid in the decision making
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Essay Questions 2011 ‘Our parliamentary democracy is based on the rule of law. One of the twin principles upon which the rule of law depends is the supremacy of Parliament in its legislative capacity. The other principle is that the courts are the final arbiters as to the interpretation and application of the law. As both Parliament and the courts derive their authority from the rule of law so both are subject to it and can not act in a manner which involves its repudiation.’ (Lord Woolf‚ 1995)
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suppose to be color blind yet colored races are more likely to get hasher punishment than white people. There are studies that prove that there are more African Americans and other colored race people in prisons compared to the white race. Public discretion plays a role in the criminal justice system by racially profiling people because of their skin color. Furthermore‚ the court system still does
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the same. It is acceptable for their to be some disparity in sentencing for similar crimes‚ but there still needs to be some consistency. The initiation of mandatory minimum sentences was due in large part to the fact that judges had too much discretion and it led to many similar cases having wildly different sentences.1 There was sound reasoning for enacting mandatory minimum sentences‚ but they “are the product of good intentions‚ but good intentions do not always make good policy; good results
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Everyman: Morality Play Summary Aaron Braswell A prologue‚ read by the Messenger asks the audience to give their attention and announces the purpose of the play‚ which will show us our lives as well as our deaths (“our ending”) and how we humans are always (“all day”) transitory: changing from one state into another. God speaks next‚ and immediately launches into a criticism of the way that “all creatures” are not serving Him properly. People are living without “dread” (fear) in the world without
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Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system‚ they interact in the law making processes and affect what is morally right or wrong‚ law is not the only tool responsible for maintain social order‚ people have private life and other systems (social control‚ culture‚ religions…) to guide people’s life and behaviours LAW: Certainty‚ predictability‚ there should be an authorities to
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status quo or preserve the subject matter so that no permanent harm is done to the rights of the applicant before a court hearing or trial. Given the nature of the relief the courts have taken a variety of factors into account in exercising its discretion to grant or not grant the relief. It is for this reason the American Cyanamid case came about‚ as it attempted to furnish the courts with a judicial structure or judicial guidelines‚ which may aid in determining whether an interlocutory remedy should
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English 101 Mr. Young 13 October 2012 Is Justice Really Blind? The United States of America bases its whole judicial system around “blind justice” but is justice always blind? Since day one‚ justice has been portrayed as impartial. Ronald Nikkel says the U.S judicial system is represented by an elegant lady holding a set of scales in one hand and a sword in her other‚ while wearing a blindfold. She carries the balances symbolizing fairness and the sword symbolizing power and authority
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that there is no evidence proving that bad behaviors get deterred or prevented after the application of zero tolerance policy. This is especially true for young adults since they are more likely to misbehave. In this paper‚ I argue that the use of discretion is crucial to maintain fairness and each violation case should be treated differently due to its circumstance. Zero tolerance policy is not appropriate for young adults at all times. Robert Oppenheimer‚ a theoretical physicist‚ got really depressed
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