Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW • If you want to challenge a decision made by a Cth statutory body‚ e.g. the Australian Electoral Commission of the Australian Taxation Office‚ you must turn to the federal system of judicial review. • The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. •
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Pros and Cons of Judicial Review Adam Kimball Pol. 1110 Instr. Madigan 12/10/96 Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Court’s right to translate the Constitution in 1803 following the case of Marbury Vs. Madison‚ in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one
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Should the courts use judicial activism or judicial restraint? This is a major point in every court case‚ mainly supreme court cases‚ of how should the judges determine the outcome. Should the judges go strictly based off what the law states or should they interpret the law according to how they believe will be correct. Some notable supreme court cases being‚ Brown vs Board of Education‚ Brown v. Entertainment Merchants Association‚ and Korematsu v. US. Most siding with judicial activism over restraint
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constitutional models of judicial review are the American and the European. Both these Constitutional models should be the manifestos of democracy and sovereignty of the people‚ but it is easily to deny this statement. In fact‚ we have to take into account that constitutions can be also negative for the consolidation of democracy. For instance‚ in many cases the authoritarian regimes use the constitution as support for them. Although‚ a democratic system would be against a certain type of judicial independence
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In an ideal society money would be eliminated because it’s the center of a lot of our society’s problems today. If money were eliminated there would be no social inequality‚ there would be no poverty or anymore starving children‚ men‚ and women. There would also be less violence and crime in this world. Money wouldn’t divide us any longer. We would be valued for whom we are and not by what we wear or what we have or by amount of money in our wallets or bank accounts. Our value would be in ourselves
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which it exercises over the American judicial system is the basics of judicial review. This power consists of the ability of the Supreme Court to decide upon “review” that a piece of some form of Government action is not permitted under the Constitution and can be deemed “unconstitutional”. The Supreme Court established this idea early in its existence and was empowered as a vital institution in the American Government primarily by exercising it. Judicial review is controversial because an unelected
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Judicial review is also practised in states that practise the doctrine of parliament sovereignty such as the United Kingdom. However here‚ judicial review can only be executed to challenge the legality of the decisions and conducts by public bodies or authorities. Judicial review cannot be done against the law passed by the parliament as the parliament acts as the highest power and governing organ. Similarly‚ judicial review can be executed on several grounds: 1. When the decision is illegal‚ as
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PA 707: ADMINISTRATIVE AND LABOUR LAWS PRESENTATION TOPIC: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. SUB TOPIC: ULTRA VIRES DOCTRINE. SUPERVISOR: PROF.MOHAMMED A. BAKARI STUDENT NAME: SWALEHE‚ Amani (MPA) This presentation covers the “judicial review of administrative action: The Ultra Vires Doctrine” Judicial Review is essentially a high court procedure by which an appellant request or ask the court to review the legality of the decision of the government ministers‚ departments
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end must itself be good. 2. The means must be a plausible way to achieve the end. 3. There must be no alternative and better means to achieve the same end. 4. The means must not undermine some other equal or greater end. Probation officers should adhere to the highest ethical standards and perform their job with honesty and diligence. Probation officers carry out their duties on behalf of the court system. They are meant to function as extensions of the court and to uphold its decisions and
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Should the Supreme Court’s power of judicial review be strictly limited by a constitutional amendment? The Supreme Court’s power of judicial review should not be strictly limited by a constitutional amendment because the simple fact what if you do a judgment that they are not in the right of? If the judge is proved wrong then it will be appealed. For an example we the people shouldn’t be judged because what if one commits the same crime and does it intentionally such as killing someone and then
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