The Vatican City State Should not be Recognized as a State Paolo Gabriele‚ the pope’s ex-butler who was sentenced for 18 months in prison because of leaking confidential documents of the Vatican to the press‚ was recently released. Pope Benedict XVI‚ who was both victim and supreme judge in the case‚ pardoned him for his actions. It seems that the Vatican applies quite a flexible law‚ different from how we know it‚ especially because there is no separation of powers: the Pope has not only the
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Appellate Courts v. Lower Courts State Court Systems have a unique two tier structure‚ which is broken down into specialized courts. Each branch of these structures have their own unique set up and hear different types of cases. Some have different guidelines‚ boundaries‚ and laws they must abide by‚ but ultimately the highest court in a state is the Supreme Court and the lower being a mayor or magistrate court. Federal Court have their own system with a similar tier structure to it‚ but is made
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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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is a method of organizing people and work that is based on the principles of hierarchical authority‚ job specialization‚ and formalized rules. As a form of organization‚ bureaucracy is the most efficient means of getting people to work together on tasks of great magnitude and complexity (Patterson‚ 2003). At present bureaucrats are known in different names like permanent executive‚ non- political executive‚ civil servants‚ public servants‚ officialdom‚ departmental government etc. All state bureaucracies
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THE STATE AND STATE-BUILDING Bob Jessop The state has been studied from many perspectives but no single theory can fully capture and explain its complexities. States and the interstate system provide a moving target because of their complex developmental logics and because there are continuing attempts to transform them. Moreover‚ despite tendencies to reify the state and treat it as standing outside and above society‚ there can be no adequate theory of the state without a wider theory of society
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TABLE OF CONTENTS I. Disclaimer II. Acknowledgments III. Table of Contents IV. Introduction V. Objective VI. Methodology VII. Case Study 1. Facts 2. Judgement * By the Trial Court * By the High Court * By the Supreme Court 3. Basis of Judgement 4. Case reference VIII. Sovereign Immunity 1. Journey of the Doctrine 1.1Pre Constitutional Era 1.2 Post Independence and Constitution of India IX. Sovereign Functions &
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Judicial Department Article VIII‚ 1987 Constitution SECTION 1. The judicial power shall be vested in one Supreme Court and such in lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
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Why United States Absence from International Criminal Court (ICC)? Introduction The United States has support the creation of international courts to prosecute serious violations of human rights namely Nuremberg and Tokyo atrocities chase committed during World War II. Since then‚ the US is an important supporter of the creation of the Ad Hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)‚ both of which were approved by the
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Court‚ Trials‚ and Sentencing: Due Process is a documentary explaining the court system within the criminal justice system. The American legal system is adversarial with two parties‚ the defense and the prosecution‚ working to prove to the jury their side is right. Overall the process of going through the court system is long and drawn out in order to make sure the person is guilty. From the initial charging to sentencing and appealing‚ there are a lot of steps the defendant needs to go through
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During the ratification of the Constitution‚ it created a new system of government for the United States (US). One of the most pressing issues and topics of the Constitution was the idea of federalism‚ which describes the basic relationship between different levels and groups of governments within one nation. For the past 228 years‚ the US government has balanced the powers of state and national government on multiple domestic and foreign issues. Although‚ there have been issues where the idea
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