Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Judicial Review: A Double-Edged Sword Judicial Review: A Double-Edged Sword 1. Traditional theories of judicial review hold that neutral or principled grounds are the only legitimate bases for judicial decisions and reject political motives in judicial decision-making. Do you believe this is true? Do you see principled v. political motives in important U.S. Supreme Court constitutional decisions which overturn laws passed by legislatures (such
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that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution‚ are subjects of controversy because they upset the balance in power with the other branches
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2003 edition. 2. Sathe‚ S.P.‚ Judicial Activism in India: Transgressing Borders and Enforcing Limits‚ Oxford University Press‚ 2005 edition. 3. Bag‚ R.K.‚ “Judicial Activism vis-à-vis Public Administration”‚ Administrator‚ Vol. XLII‚ April-June‚ p.167. 4. Bhattacharjee‚ G.R.‚ “Judicial Activism: Its Message for Administrators”‚ The Administrator; Vol. XLII‚ April-June 1997‚ p.31. 5. Bhattacharyya‚ R.‚ “Judicial Activism: The Motive Force of Public Administration”‚ Administrator‚ Vol. XLII
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CHAPTER 14 NOTES Article II Article II‚ the Constitution’s Executive Article‚ begins this way: “The executive power shall be vested in a President of the United States of America.” With these few words‚ the Framers established the presidency. Why Presidential Power Has Grown * Over the course of American history‚ the champions of a stronger presidency have almost always prevailed. * The nation’s increasingly complex social and economic life has also influenced the growth of presidential
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Business Essay How important is a thorough process of recruitment & selection for a hotel? A thorough process means a complete and comprehensive process. Recruitment refers to the process of identifying the need for a job‚ defining the requirements of the position and the jobholder and advertising the position. Selection is choosing the most appropriate person for the job. In the stance of a hotel‚ it serves thousands of millions of customer on a daily basis‚ coming from various countries
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canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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Reasoning and Institutions Essay Title: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Student Number: 090500532 Candidate Number:L8000 The declaratory theory of English common law is that the function of the judge is to declare what has always been the correct legal position at common law. In carrying out this task judges should aim to treat like cases
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Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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The relationship between sexual selection and human reproductive behaviour Sexual selection is a special type of natural selection that is concerned with an organisms ability to successfully reproduce. Survival is no guarantee of passing gene variants to the next generation‚ that can only happen if the animal reproduces. Males usually compete to mate with females According to Trivers (1972)‚ "Where one sex invests considerably more than the other‚ members of the latter will compete among
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