Disadvantages Of The Rule Of Law
The judgement given by the Court in Vassilopoulos is one that has its merits. The case does not completely defy the rule in Keck altogether rather, AG Maduro in his opinion acknowledges the disadvantages regarding the certainties and attempts to clarify the rule of law in Vassilopoulos. The solutions for the uncertainty of Keck was clarified to an extent without actually discarding the validity of it altogether. This saves Keck from any means of cancellation and manages to protect the Court from diverging itself. Furthermore, the judgement given was well understood and AG Maduro chose to discard the usage of the term ‘selling arrangements’ which in Keck, caused a degree of confusion. This action is worth praising but it could also insist that the Court refused to tackle the issue head on. However, a notable merit of this judgement is how the Court paired it within well known concepts of market-access and direct or indirect discrimination while at the same time being consistent with Keck. These concepts are well-understood and it gives an opportunity for the Court to apply the law with a greater degree of clarity and ease. With that being said, Vassilopoulos is a case that is worth applauding for such reason, especially at a time where there was massive uncertainty surrounding the rule of law regarding MEQRs. Previously, it was argued that Keck placed too much emphasis on factual and legal equality at the expense of market access. The same could not be said in
Cortez V. Wal-Mart Stores: Case Study
981 Words | 4 PagesCortez v. Wal-Mart Stores The plaintiff is a 48-years old assistant store manager considered to have worked for the company for 17-years. He got denied a promotion to the store manager’s position on various occasions. Some of the younger employees he had trained got promoted instead. Wal-Mart, therefore, said that he didn’t receive the promotions as he had received performance progress coaching in the past year and the company policies didn’t allow an employee’s promotion with any effective coaching in his files (Gould IV, 2013)
Judicial Branch Pros And Cons
477 Words | 2 PagesAlexander Hamilton believed that the judicial branch is the least dangerous branch for several reasons. Perhaps Hamilton felt it is the least dangerous of the three branches of government because it does not make the laws as the legislative branch does; it simply interprets the laws that have been passed by the legislative branch and that have been approved by the executive branch. Also, there was little concern that the judiciary might be able to overpower the political branches; since Congress controlled the flow of money and the President the military, courts did not have nearly the same influence from a constitutional design standpoint. The effects of this is that the president and congress do have some control over the judiciary branch with their power to appoint and confirm appointments of judges and justice. Congress also may impeach judges which is very rare, alter the organization of the federal court system, and amend the Constitution.
Brown V. Board Of Education Case Study
974 Words | 4 PagesThe court consequently motivates are especially destructive to liberated citizens for the noticeable cause that there is not a useful boundary to the system’s extent of evaluation. Where there are inequality to be establish or, somewhat, apparent, then the court is allowed to maintain control. However essentially, a court that seeks out the significance of its date can provide no stability to the verdict it gives out. If proof of this is necessary, then the attention falls to
The Pros And Cons Of The American Jury System
1552 Words | 7 PagesFeb. 09, 2018 Should the American jury system still exist? You 're accused of a crime you know you didn 't commit, how would you feel if when you went to court you didn 't get to have a jury to have a better chance of the verdict siding with you, and not get accused of a crime. The judge immediately decides your guilty and you 're put on probation , faced with charges you don 't have the money to pay ,or even get sent to jail. “ The jury system arose in England hundreds of years ago. If there was a crime committed in the community, the accused was brought to a jury.
Pros And Cons Of Judges Being Appointed
167 Words | 1 PagesThe quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.
Judicial Review Pros And Cons
741 Words | 3 PagesRobert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.
Pros And Cons Of Court-Martial
1838 Words | 8 PagesCourts-martial were trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military 's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned.
The Pros And Cons Of Wrongful Conviction
949 Words | 4 PagesWith millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.
Advantages And Disadvantages Of Specialized Courts
420 Words | 2 PagesSpecialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).
Pros And Cons Of Due Process
245 Words | 1 PagesWhat is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?
Disadvantages Of Restorative Justice
2091 Words | 9 PagesBatley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
Majority Rule Advantages And Disadvantages
1312 Words | 6 PagesThe first voting rule is called unanimity. It means that the outcome is agreed by all voters. In this method, each individual's preference matters, since one single disagreement can change the outcome. In this case, every individual prefers one option to another, therefore, it must result in a societal preference. This reaches Pareto improvement, making at least one person better off without making at least preference criterion worse off.
Advantages And Disadvantages Of The Common Law System
1268 Words | 6 PagesThe Introduction The precedent is a decided legal case, which is used as a basis for deciding later similar cases. The English Law system is a legal system where the precedent has a great weight. This law system can be subdivided into two main interrelated branches: statute (or statutory) law and common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law.
Civil Law Advantages And Disadvantages
3020 Words | 13 PagesIntroduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
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