Judicial Precedent Essay

Brownback, who is in the executive branch, signed a law that would remove the funding of the judicial branch if the Kansas Supreme Court ruled against him in the court case concerning the funding of public schools. The actions of both the legislative and executive branch of Kansas’ government disregard the system of checks and balances because the judicial branch is being punished for doing their job. Therefore, judicial review is vital for a judge in maintaining a consistent balance of power in the government

Despite this, in order to maintain public confidence in the appointment system and to ensure judicial independence the commission system is perhaps a very effective mechanism for judicial appointment. However, to ensure the effectiveness of this mechanism the commission should be representative in nature comprising members of the executive, legislature, judiciary, legal profession and lay

Did the Constitution establish a Just Government? When our founding fathers came together to construct a Constitution that would establish a government that could serve the people, they outlined their overall goals of this Constitution within the Preamble. The first task listed in this famous preliminary statement is to “establish Justice.” The position of this objective within the Constitution demonstrates just how significant Justice is to a government. Justice is a principle that demands equality

The Case Against Judicial Review In order to make a case against judicial review it is first important to understand the origins. Born in 1803 out of the landmark United States Supreme Court decision of Marbury V. Madison, judicial review gives the court the power to invalidate any law repugnant (or in conflict with) to the constitution. Judicial review has for the courts, become a self made license to strike down legitimately made legislation by democratically elected representatives

As per Article 124, the President should appoint Supreme Court judges after consultation with such judges of High Courts and the Supreme Court and the Chief Justice of India is to be consulted in all appointments barring his/her own. Similarly, Article 217 provides for the appointment of High Court judges in consultation with the CJI, Governor, and Chief Justice of the High Court concerned. However, in S P Gupta Vs President of India, also known as the ‘First Judges Case’, the Supreme Court ruled

serve to inform others not involved in the case about how laws and policies are likely to be applied in the future. Individuals and corporations can look to court decisions to understand the law, to make decisions and to take actions based on the precedents established those decisions. While there are many appellate court decisions that have affected criminal justice policies and practices, this research will examine Miranda v Arizona, the Supreme Court’s 1963 decision that all persons charged with

its distinct power should be left alone yet bereft of a license to abuse… The call for that quality of rare disinterestedness should counsel us to resist the temptation of unduly inflating judicial power and deflating the executive and legislative powers. The 1987 Constitution expanded the parameters of judicial power, but that by no means is a justification for the errant thought that the Constitution created an imperial judiciary. An imperial judiciary composed of the unelected, whose sole constituency

EARLY CASES OF JUDICIAL ACTIVISM The following Supreme Court cases provide a useful insight into the growth and development of judicial activism in independent India. In the Privy Purse case Madhav Rao Jivaji Rao Scindia Union of India the broad question was whether the President rightly exercised his power in de-recognising the princes. In this case, the court ruled that by virtue of Article 53 of the constitution, the executive power of union vested in the President must be exercised “in accordance

JUDICIAL REVIEW IN INDIA Meaning Judicial Review is the power of the judiciary to review the actions taken by the legislature and the executive organ of the government and decide whether or not the actions taken by the legislature and the executive are in conformity with the Constitution. If the enactments done by the legislature and the executive are found unconstitutional then the judiciary has the power to declare those acts illegal, unconstitutional and invalid ( null and void) after which they

With Judicial review being such an important concept in this unit, it happens to play a massive role in our government today. Judicial review is defined as "the power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void." This is basically stating that judicial view sets the standards for determining whether or not an action put forth by our government is going to be within the guidelines of their power