History of Constitution Making Process in Bangladesh

Judicial Branch is established under Article III of the Constitution. It was created to be the weakest of all three branches of government. Each branch has its own characteristics, but what distinguishes this branch from other two is that Judiciary is passive. It cannot act until someone brings case in front of them. Even if some law or act is unconstitutional, courts are powerless to do anything on their own. Contrary to Judiciary, other two branches are active, and have power to attack other subjects.

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 judicial branch is being separated by being invested in one Supreme court. This guard protects against tyranny by separating the three powers, you keep one person, or one group, from doing whatever they want. Separation of powers is important because if the branches were not separated it could lead to

Discuss the view that the power of the Supreme Court cannot be justified in a

The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by

Although the constitution separates powers in the government, doesn’t mean that the country and the states individually have their own sets of laws and power. The government has to distinct compound powers, one is powers given to the states, and the other is power given central government. Consequently, some powers given to the state are setting up local governments, holding elections and establishing schools, some powers that the

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.

One of the most important principle of the Constitution is the separation of powers. This principle divides power between the legislative, executive and judicial Branch and each branch has its own duty. The separation of powers was established to prevent the concentration and abuse of power by any one branch. For example, the legislative branch is responsible for making laws, whereas, the judicial branch is responsible for enforcing laws (Article 1 & 3). On the other hand, the executive branch cannot make laws, but it can

system has many steps to justice. The hierarchy of the court system is different yet similar in

The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia.

A compelling public need existed with respect to the passage of the Federal Judiciary Act of 1989 (“the Act”). The basic provisions of Article III of the newly ratified US Constitution needed to be implemented and further defined (ch. 20, 1 Stat. 73). Article III, Section I, of the U.S. Constitution prescribed: “[T]he judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts” as Congress saw fit to establish. The Constitution, however, made no provision for the composition, procedures, jurisdiction or funding

Finally, the legal approach ensures that the entire nation is integrated or kept together by the constitutional law despite the decentralization of administrative authority, which enables different states and administrative units to impose different laws. In particular, it is possible for the autonomy of the various administrative units to impede national economic development and to lead to the violation of individual rights and standards of decency. In this regard, the

Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud.

The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.

The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every