Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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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 that is the settled law since the historical
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The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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Traditional Juvenile Court System Juvenile court system started in 1899‚ and was created by four women who thought that children deserved a second chance instead of getting punished. The first city to have a juvenile court system was Chicago‚ Illinois. Today‚ they are found in Europe‚ Latin America‚ Israel‚ Iraq‚ Japan‚ and other countries. Most countries have similar systems with similar punishments. However‚ there have been many problems with this system. In 1967‚ there were a few disagreements
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State and Federal Court Systems Fawn A. Babcock American InterContinental University Abstract The American court system is divided up into different systems to better serve the people it is meant to protect. Each branch deals with different types of cases yet they work together in handling these cases. While the Federal system deals with cases handed down directly by the U.S. Constitution the State system deals with their respective state constitutions and the
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The Structure of the English Court System Courts of First Instance Courts of first instance are where matters are first heard and where the FACTS of the case are determined‚ for criminal courts‚ these can either be Magistrates courts or Crown courts. All cases (even murder) are first heard in a magistrate’s court‚ and if the cases are too serious then they are transferred up to higher court (Crown Court) this is mostly indictable offenses. Magistrate courts decide whether the defendant is guilty
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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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Katie Roxxx Criminal Justice Mr. Ward 1/25/13 Is the American criminal justice system fair to all citizens? If asked this question‚ many people would go both ways. Some people would say it’s fair‚ while others would accuse it of being unfair. There are many reasons to why it would be fair but there are also many reasons to why it would be unfair. Many people would say that the American criminal justice system is fair is for many reasons. One reason is that every single person has certain rights
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of the Irish court system. Civil Courts Civil courts deals with civil or private wrongs. In a Civil case the burden required is on the balance of probabilities. In most civil cases there will be a plaintiff and a defendant‚ the plaintiff sues the defendant. In civil proceedings the judgment would be to impose a settlement on the matter. eg‚ awarding damages‚ an injunction or an order for specific performance. Land law‚ employment law‚ contractual law‚ consumer law and family law are all examples
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Our court system is so busy that the process has become assembly line justice. There are many reasons for this. The court system has one view. The criminal justice system is involved three noteworthy establishments which process a case from inception‚ through trial‚ to punishment. A case starts with law authorization authorities‚ who explore a wrongdoing and assemble proof to recognize and use against the assumed culprit. The case proceeds with the court framework‚ which measures the confirmation
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