Doctrine of Repugnancy

The national and state governments derive their respective powers from the Constitution in several ways. Some powers are explicitly stated while others are not. Understanding the various types of powers can be difficult and this essay is an attempt to clarify them.

The Legislature power is a power that makes law for regulation of peoples and private organisations conduct, also structure and power of public authorities which is ran by the Parliament. This includes bodies such as House of Lords, House of Commons and the Queen. The Executive power is the administrative branch of government that implements the law, which are made by legislators. Bodies that regulate this are the Queen, Prime Minister, other Ministers, Civil service, police and armed forces. Introduction of the legislation, controlling security and public services, supporting prosperity and conducting the external relation of the state are the roles of the executive power. The Judiciary is the power that

There is a central government and more than twenty five state governments. Under the India Constitution there are three lists, federal list, state list and the concurrent list. Things covered under the first two lists are the exclusive domain of the concerned parties but under the third central government can overrule the state governments on matters of national interest. Judiciary is independent with the power of judicial review. Every state has a high court above subordinate courts presided by the Supreme Court of India. Under the Constitution the functions of Legislature, executive and judiciary have been clearl defined. (Shukla)

The Constitution divides the powers of the government of the State into three distinct departments: the legislative, the executive and the judicial. Under the terms of the Constitution, no person in any one department may exercise any power attached to another department unless specifically authorized to do so by the Constitution.

The first thing I will talk about is the Articles. Article one has several sections about The Legislative Branch. The first section talks about the Legislative Power Vested. The second section is the House of Representatives. Third is the Senate. Fourth is t Election of Senators and Representatives. Fifth is the Rules of House and Senate. Sixth is the Compensation and Privileges of Members. Seventh is the

The fifth provision I found was Article VIII Local Government. This article establishes how the state divides up government into more manageable local governments. Some highlights of this article are partitioning of governmental control, local charters, taxes, and

The Constitution, however, provided for division of power of the National government into three distinct branches, each with specified duties. The Legislature composed of the Senate and House of Representatives is mandated with making laws (Maier, 2010). The executive was to enforce laws with the President while the Judiciary and inferior courts is to judge using the law. A mechanism was also provided to each of the three branches to view the power on other two and encroachments into other branches ' powers.

“The impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government;”

The legislative power shall be vested by the people with decision brought about by vote.

Article I states the Legislative Branch is a bicameral consisting of the House of Representatives and the Senate. The House of Representatives creates laws and passes federal laws, while the Senate's task is to represent the people living in the states, and vote on new laws (bills). The two branches of the legislative branch are like the CPU and the heatsink of a computer. The CPU’s function is to perform and create functions on the computer, and the heatsink is to cool and keep the cpu running. Without the heatsink the CPU wouldn’t be able to operate, and without the CPU the heatsink will have nothing to cool. Just like the House of Representatives and the Senate of the Legislative Branch, the CPU and heatsink must work together to carry on

Undoubtedly, the aim of the amendment which created Article 121(1A) was in many ways to avoid in the future for any conflict between the decisions of the civil courts and the Syariah courts. However, it turns to have caused even more uncertainty, conflict and confusion in our legal system than ever was the case.

The power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are not significantly different from the power to strike down Acts of Parliament, whereas section 4 does not.

In Article 44, the legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives).

This is a kind of justice which we in India are trying to realize through the process of law and our substantive law is being ,geared to this task."

In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.