Judicial remedies

To render justice case by case is the primary task of our courts. Other courts and branches of government also, the social and economic fabrics of our lives are impacted by court decisions. The justice that is done in individual cases helps and aids to bring order to the society in which we live. Parties who are before the court are impacted by our decisions. In criminal matters, court decisions determines whether the accused is guilty or not and if guilty will they suffer financially, be free or

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

Mandatory Minimum Sentencing Guidelines: The mandatory minimum sentencing is about a fixed ruling of a crime that a judge is expected to deliver. Congress has enacted mandatory minimum sentencing laws. It was to impose the mandatory sentencing an offender would receive for crimes that were committed. The mandatory minimum punishment guidelines would require for judges to hand down judgement for a certain length of time. This would mean that for crimes that are committed there are criminal sentencing

Outline the legal issues emerging from new technology and evaluate the extent to which the remedies available achieve justice. The rate of technological change in the last three decades has been extremely significant. Developments in new technology such as mobile phones, digital cameras, the Internet and email were not available 25 years ago. These changes have transformed our society but have also created a number of considerable issues for the legal system. Governments face many challenges in

JUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu, PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the

document in America is the Constitution. More importantly, among the three branches, the judicial branch has one of the most important jobs in the government: to check and review the laws established by the executive branch and legislative branch. Moreover, the judicial branch’s job is to interpret and apply the law in the government, but it is also the only branch with the power of Judicial Review, which the judicial branch decide whether a law or action is consistent with fundamental laws such as the

Law can be termed as a social phenomenon. It is a social function, an expression of human society concerning the external relations of its individual members. Law depends on its acceptance by the society; in fact, it is made through the “general will” of the society. Society can never be static; it remains dynamic through economic, scientific and technological developments. Therefore, the Law must evolve and adapt to the changing requirements of the society. Sir David Maxwell Fyte observed: The law

Supremacy Judicial Review Among the three branches of government, the branch that had received the least amount of attention was the Judiciary. Compared to the other two branches, the Judiciary is rarely discussed in great detail. Federalists like Alexander Hamilton argue that this is because the Judicial branch has significantly the least amount of power. However, Brutus of the Anti-Federalist party argues that the Judiciary’s power of constitutional review can impact the power of the other the