In this essay, I am going to analyse R(Bourgass) v Secretary of State for Justice, an administrative case based on the exercise of ministerial powers by public bodies. The two issues raised in this case were (i) whether the decisions to segregate the prisoners for substantial periods were lawfully authorised and (ii) whether the procedure on segregation was considered fair under the common law. The decision for segregation were made under the Prison Act 1952, Rule 45 of the Prison Rules 1999 and PSO 1700. Rule 45(1) allows the prison governor to arrange the prisoner to be removed from association; rule 45(2) provides that the prisoner shall not be segregated under the rule for more than 72 hours “without the authority of the Secretary of State” and that authority “shall be for a period not exceeding 14 days.” This case also involves human rights, procedural fairness, ultra vires principle and the judicial review process in the United Kingdom.
Facts and Decisions In this case, Bourgass has been held in segregation for more than 72 hours ordered by a prison officer and longer than 14 days that the Secretary of State may authorise. His representative initiated judicial review proceedings. They were dismissed by the High Court. The Court of Appeal dismissed the appeals, whereas the Supreme Court allowed the appeals.
Reasons for the decision: On this first issue, it was clear from Rule 45(2) that the segregation for a period exceeding 72 hours was not authorised by the
RULE: The court concluded that the segregation of African American school children “generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”
Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the
Even though employment rates are still down therefore the state can still hire qualified candidates. Keeping qualified candidates promotes the wellbeing of our state and citizens because Georgia experiences some of the highest turnover and employee are leaving to go to the private sector for better money.
Indefinite detention is an extremely controversial issue consisting of valid arguments on both sides of the debate; however, Queensland’s Dangerous Prisoners (Sex Offenders) Act 2003, including the amendment made to it in 2009 and part 10 of the Penalties and Sentences act 1992 (Qld) all provide a desirable outcome. These laws are scrutinized by many but evidently all contribute to the equitable way that this system functions. Although on the face of it, indefinitely detaining a prisoner may be perceived by some as infringing the fundamental rules of law, in reality extensive measures are taken through the legislative processes of these laws to ensure that a just decision is made in respects to the continuation of a detention order. By doing
There can be no doubt that the penal system in the United Kingdom is in crisis. With prisons already overcrowded, the criminal courts continue to imprison offenders at an alarming rate. There are several good reasons for this occurrence, but to explain the crisis, there is a need to delve into the various factors that combine together to create the problem. This report will take a critical look at the problem using the Orthodox Account and again using the Radical Pluralism Account in order to explain why the latter is better than the former.
court. (Lawson, 1987, 21-29) Which soon enabled the Indiscretion Act which meant no black could be treated
The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.
Chief Justice William Howard Taft was very influential in initiating improvements to the federal judicial system. William Taft, a former president, aided in the development of policies that would unify the judiciary system and aid in stream lining the federal judicial system. He enacted changes to the judicial system that improved the system immensely. The method that he used to achieve the many improvements that he enacted during his tenure as a Chief Justice was through legislative Acts such as the Act of 14 of September 1922.
Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
Jackson v Attorney General (2005) is an important constitutional law case in the UK. But what made Jackson v. Attorney General particularly significant, is the dicta relating to some constitutional matters mentioned by the judges in relation to parliamentary sovereignty.
The Judicial Branch is one of the three branches of government, established in the United States Constitution. The Judicial Branch is a dual court system consisting of States Courts, and the Federal Courts, each have their specific jurisdiction. The States Courts hear all cases within the State. The Federal Courts only hear cases involving a Federal issue, an appeal from a lower courts decision and cases involving diversity of citizenship. Diversity of citizenship cases involve people from different states, cases that involve a United States Citizen and a foreign government, or cases that have two states against each other. The Federal and States Courts also have specific court districts within their jurisdictions.