Essays Tagged: "Judiciary"
How is the independence of the judiciary guaranteed in Australia?
a) How is the independence of the judiciary guaranteed in Australia?While the Westminster system had largely developed because of the ... f powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresse ... te and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. ...
Subjects: Law & Government Essays > Law
The independence of the judiciary in Australia
a) How is the independence of the judiciary guaranteed in Australia?While the Westminster system had largely developed because of the ... f powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresse ... te and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. ...
Subjects: Law & Government Essays > Law
political judges
It is generally accepted that the judiciary and the political powers need to be separated in the interests of justice. If political po ... ider the way that the influence may flow not only form the government and political parties, to the judiciary, but also from the judicatory with their political actions.If we consider the development ... m the judicatory with their political actions.If we consider the development in recent years of the judiciary, more specifically the Supreme Court in Canada we can argue that this is becoming increasi ...
Subjects: Social Science Essays > Political Science > Political Theory
The Power of the Judiciary
Albert LairsonPS 1Professor MitchellTHE POWER OF THE JUDICIARYWhen the founding fathers of our country, and by that I mean the Federalists, were creating ... atorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was to have the Legislative make the laws, Executive enforce the laws, and the J ... when the Federalists proposed this system of 'Checks and Balances,' they really didn't consider the Judiciary that much of a threat of power, and because it wasn't considered a policy making branch li ...
Subjects: Law & Government Essays > Law
Judicial Choices
ons by examining the changes in theDemocratic party, Republican party, Senate, and the power of the judiciary.Conformations affected political parties a great deal because theycreated new constituency ... 'The disorder in the party producedamong other things a new attention to the staffing of the federaljudiciary.'2 Because of the lose in constituency, the Democratic party nolonger had control of the p ...
Subjects: Social Science Essays > Political Science
The Power of the Judiciary
Albert LairsonPS 1Professor MitchellTHE POWER OF THE JUDICIARYWhen the founding fathers of our country, and by that I mean the Federalists, were creating ... atorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was to have the Legislative make the laws, Executive enforce the laws, and the J ... when the Federalists proposed this system of 'Checks and Balances,' they really didn't consider the Judiciary that much of a threat of power, and because it wasn't considered a policy making branch li ...
Subjects: Law & Government Essays
Rule of Law and what are its benefits and defects.
of both types of rules.More recently, the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules. Statutes are necessary to limit judges' ultra vires but at same time, judiciar ... e general statutes.As seen throughout the discussion, notwithstanding defects/benefits statutes and judiciary-made rules have, both are incident to the Rule of Law.Greek Debate over what is incident t ...
Subjects: Law & Government Essays > Law
Comparative essay- Murmuring Judges (David Hare) and Measure for Measure (Shakespeare) Good for A-Level Eng Lit+Lang (theme of power).
Hare's play, 'Murmuring Judges' gets its name from the law that condemns the condemnation of the judiciary, an offence punishable in law in Scotland today. It is obvious to the audience through the ... It is obvious to the audience through the title that a possible theme will be the problems with the judiciary and the effectiveness of criminal law. The two types of power addressed by the titles of t ...
Subjects: Literature Research Papers > European Literature > Authors > Shakespeare
Should judges reflect the society in which they live?
that is absolutely impartial is a cornerstone of democracy. Judges are the highest officials of the judiciary, as independent arbitrators they are relied upon to perform their judicial duties accordin ... subjective values within the courtroom so as the case is tried justly. Society's confidence in the judiciary implies its trust in our judges to act impartially, neutrally and in fairness inclusive to ...
Subjects: Law & Government Essays > Law > Issues
To what extent are judges politically neutral?
The Judiciary and Civil LibertiesAssignment 3:To what extent are judges politically neutral?In theory th ... l servants can be charged with handing over secrets about their political 'bosses'. A member of the judiciary has to decide whether they will be charged and, if so, what they will be charged with, and ... s or senior lawyers are frequently used to chair major public inquiries. This important role of the judiciary can again be seen as very 'political'. Example, Lawrence inquiry into the death of Stephen ...
Subjects: Social Science Essays > Political Science > Political Theory
Hypocritical Law.
h before utterances can be punished.The substantive evil here is to be double:1. Disrespect for the judiciary2. Disorderly and unfair administration of justiceQuestions:Is it possible to say that the ... say that the act in question could have threatened to change the nature of legal trials?Should the judiciary be shielded from public criticism?Dissenting Opinion: Free speech is not so absolute or ir ...
Subjects: Law & Government Essays
Are courts like a slot machine, if so why do we use such great expenditure on it?
result generated would always be the same provided that the input is the same. The concept that the judiciary being similar with this perception of a fixed outcome slot machine will mean that for all ... nging social views and needs to be able to change. There needs to be an element of certainty in the judiciary processes to for-fill the function of law in society, which is to maintain social order an ...
Subjects: Law & Government Essays > Law
Why is there so much disagreement about the meaning of the rule of law? Illustrate your answer with reference to at least two rule of law theorists.
oes beyond this). Common criteria to test the rule of law includes: a formally independent and just judiciary; laws that are accessible by the general public; the absence of laws that apply only to pa ...
Subjects: Law & Government Essays > Law
Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.
tion of powers embodied in constitutional theory. That is to say that Parliament makes laws and the judiciary as slaves to the rules, should simply apply them to a particular case. This perhaps is wha ... a statute they tend to follow the wording of it very closely: the literal approach:"The role of the judiciary is confined to ascertaining from the words that parliament has approved as expressing its ...
Subjects: Law & Government Essays > Law
Outline constitutions in general and explain what factors have shaped the most recent constitution of one country you have studied
of descriptions of Australia's three branches of government; the legislature, the executive and the judiciary . This is all here to deal with the way in which Australia is to be run as a country, as w ... the British system to apply to the Australian system, particularly because the Australian system of judiciary is actually very similar to that of the US system; another collaboration between the two s ...
Subjects: History Term Papers > European History
How and why has the relationship within the UK between politicians and judges changed over the last 30 years?
last 30 years till present day. My discussions will inevitably refer more broadly to members of the judiciary and the executive (the Prime Minister, the Cabinet and other ministers) and an analysis of ... f powers as this forms the backdrop to the theoretical base upon which the relationship between the judiciary and executive is formed.Separation of powersThe roots of the separation of powers doctrine ...
Subjects: Social Science Essays > Political Science > Political Theory
Criminal Intention
follow, "a result foreseen as virtually certain was an intended result". Why then, has it taken the judiciary so long to reach a satisfactorily settled definition of intention?The answer perhaps lies ...
Subjects: Law & Government Essays > Law
United States Constitution
t establishes the three separate branches of our government, the executive, the legislative and the judiciary. Their intent was to set up the legislative branch, or Congress, as the "First Branch" of ...
Subjects: Law & Government Essays > Government
Examine the Controversy that Surrounds the Question of what Judges are doing when they are deciding Cases.
then the uncertainty over judicial decision making would not arise; it would not matter whether the judiciary was representative of the society within which it operates, or whether it was capable of a ...
Subjects: Law & Government Essays
Evaluate the impact of the High Court of Australia on Australia's Federal Experience.
to hear cases apart from those mentioned above.The doctrine of 'separation of powers' says that the judiciary should be independent of the executive and legislature. Although, the High Court has becom ... become more of a political institution than a legal institution, which means that, the High Court (Judiciary) is becoming less independent from the Executive and Legislature. High Court judges are ap ...
Subjects: Law & Government Essays