Generally, In A Political Science, The Notion Of Accountability

When looking into the ideas of political theorists it is important to the use of political concepts that may play an important role in what the theorists are suggesting and also how they may affect the relationship between to state and the individuals living within a state. The concepts that will be looked at within this essay are: power, authority and also accountability.

The doctrine of judicial independence rests on three concepts. The first one is the security of tenure of office which is supposed to guarantee judicial officers freedom from the interferences by the parliament or the executive. The doctrine requires

Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide.

The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects

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)

1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary.

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

Judicial Independence is fundamental to democracy, it serves as a guarantor of the rule of law and separation of power . However, nothing is perfect. There is some defect regarding to the judicial independence and solution must be made to curb the weakness.

In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.

The three chapters provide an essential theory as to why justices in the Supreme Court decide the way they do. The author names such theory as strategic account which is composed of three main categories: actions taken to accomplish a goal, strategic interaction, and the structure of the institution. However, actions taken to accomplish a goal and the justice’s strategic interaction will mainly be discussed.

What is accountability; the definition is simply liable to account for one’s actions, “A is accountable to B when A is obliged to inform B about A’s (past or future) actions and decisions, to justify them, and to suffer punishment in the case of eventual misconduct. Accountability is a concept in ethics with several meanings. It is often used synonymously with such concepts as answerability, enforcement,

Judicial review may well be comprehended in the setting of two particular—yet parallel—lawful frameworks, common law and regular law. Furthermore by two unmistakable hypotheses on majority rules system and by means of a government ought to be put together, legislative matchless quality and detachment of forces. Regular law judges are viewable as wellsprings of law. These judges are also equipped for making new lawful standards and dismissing lawful guidelines that are no more legitimate. In the common law convention, judges are seen as the individuals who apply the law, with no energy to make or obliterate legitimate guidelines.

Our forefathers have structured the branches of the government in such a way, that not one branch has a supreme dominance over the other. Judiciary branch, which is considered one of the most prominent in the world, is under scrutiny. There are abundant cases of wrongful imprisonment, which suggests that the constitution of judicial system need to be revisited. According to research conducted each year, there are thousand of cases of innocents that are convicted for the crimes that they have not committed. Prisons are overcrowded with dangerous felons. An innocent, who has been imprisoned, can fully assess the situation to weather to admit his or her crimes for an early parole. In numerous instances, individual is forced to accept

This paper is concerned with the concepts of accountability; representation and control explain the euro debt crisis in detail. The author takes a deeper journey into the meaning of occurs of Euro sovereign debt crisis by use of definition of ARC to in-depth explain this issue. We propose further examination of the ARC relating to the Euro sovereign debt crisis in order to propose a prosperous and harmonious of Euro zone.

If the judiciary are intentionally straying into matters of governmental policy then they as unelected, impartial adjudicators should only do so when cases arise that call for such action, potentially when governmental action threatens the rule of law – a right afforded to them as a constitutional check on governmental power. While the judiciary can be viewed as in a constant skirmish with the Legislature and the Executive much of the judiciary’s power to interoperate statutes liberally comes from powers delegated to it by parliament .