Judicial remedies

independent judiciary together provide a firm constitutional basis to the growth of Public Interest Litigation in India. The founding fathers envisaged ‘‘the judiciary as a bastion of rights and justice’’. An independent judiciary lanced with the power of judicial review was the constitutional device chosen to achieve the required objective. This jurisdiction to enforce the Fundamental Rights was conferred upon both the Supreme Court and the High Courts, hence them being the courts that have entertained all

The cases of Olga Tellis v. Bombay Municipal Corporation and Republic of South Africa v. Grootboom both dealt with the issue of socio-economic rights and their enforceability by the courts. Olga Tellis saw the affirmation of a right to livelihood as part of a broader right to life. While Grootboom saw the Court strongly rebuke the government by ruling that it had not been meeting its section 26 (2), specifically because no strategy was being implemented to aid those in desperate need of housing

unabated. Based purely on the constitutional provisions, I agree with those who blame the government for acting imperiously and for going after Karki to intimidate her and the judiciary as a whole so they would desist from holding it to account through judicial reviews of its decisions and follow-ups. Here are the provisions of the Constitution of Nepal 2015 relevant to this case: Article 101 (2): 1/4 members of parliament can move the motion of impeachment against the chief justice or justice of

Mandatory Minimum Sentences: Judicial Discretion Twenty-nine offences in the Criminal Code have a mandatory minimum sentence of imprisonment time. The majority of these sentences were introduced with Bill C-68, a set of firearms-related legislation introduced in 1995. In addition, there are also mandatory minimum sentences for several other offences, such as child prostitution, betting, pool-making, and impaired driving. Mandatory minimum sentences impose legislated punishments, furthermore,

Families Against Mandatory Minimum also known as FAMM advocate for smart sentencing such as individualized and fair criminal sentencing that protect the public. FAMM is nonprofit supported by attorneys, judges, criminal justice experts and concerned citizens. Their objectives include: uncrowding jails, which use citizens tax money, shift resources from uncrowded jails due to excessive incarceration to other departments such as law enforcement and additional programs whose aims include reducing crime

Jaspal Singh WRI 1. Sec 32 Rebeca Antoine September 25, 2014 Separation of Powers Separation of Powers is a system in which power is divided between three branches of government. These branches consist of Legislative (Congress), Executive (President), and Judiciary (Supreme Court). Each one of the branches is given a duty to fulfill. If one branch doesn’t fulfill its duties, the other branches can force that branch to fulfill it. There is another system that helps these branches of government to

Unlike many other Nations with a codified constitution, the UK has no single constitutional document- this means, she has no single constitutional document but whose main sources are, Acts of Parliament, Judicial decisions and Constitutional conventions. This essay looks at the features of the UK’s constitution, what a written constitution entails and whether or not it would be desirable for UK to embrace codification being the only European state with an unwritten constitution. There has never

Often the UK constitution is asserted to be the most unique in the world, as its sources are a piece of historical significance as they come from great British heritage. From the case of Jackson and others v Her Majesty’s Attorney General, Lord Steyn stated that ‘We do not in the UK have an uncontrolled constitution’. In general terms a person may judge the UK constitution to be uncontrolled due to it being unwritten, as it is derived from a wide range of sources. Which vary from common law to international

On November 4, 1979, Iranian revolutionaries stormed the U.S. Embassy in Tehran and took several Americans hostage . President Carter subsequently issued executive order 12170, under the provision of the International Emergency Powers Act (IEPA), which froze all Iranian governmental assets within the jurisdiction of the United States . 444 days later Iran agreed to release the hostages in exchange for the return of their seized funds and the dismissal of “all legal proceedings of US nationals against

Overcrowding prisons at the cost of the taxpayers’ dollar, people who need rehab sitting in prison for years at a time instead of getting the help that they need, and judges cannot do anything about it. Mandatory minimum sentencing has taken away judges’ discretion when sentencing cases. Drug offenses often receive heavier sentences than they should due to the use of mandatory minimums leaving people to question the fairness of the justice system. The use of mandatory minimums when sentencing