Due to this amendment in the constitution the adult criminal can get relief before they are proved guilty. The judges in the criminal justice are neutral compared to any other staff and they look for witnesses or evidence before punishing the accused. There are instances where law enforcement officers may take advantage of their positional power to harass the people in the
Is a unjust law one that doesn’t bind lawmakers to obey ?. Is one justified when disobeying an unjust law ? . I believe that there is a difference between laws like MLK. However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”.
Various case laws, the facts of the case and other factors are taken into consideration before the judge forms a concrete decision. Case laws, which are a part of the “prophecies” and “oracles of law” combined with the mindset of the judge among other things, gives an unpredictable character to law. “If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience… The prophecies of what the courts will do in fact, and nothing more pretentious are what I mean by the law” – Bad man theory (Holmes,
It is closely related to constitutional interpretation, statutory construction and Separation of power. It is an inscriptive term and has a different meaning for different people. It implies going beyond the normal constraints which are applied to jurists and the constitution and this gives right to jurists to cut off any legislation or rule which goes against the constitution or against the precedent. The clear concept of judicial activism was set forth by Chief Justice P.N.Bhagwati and Professor Upendra Baxi.As an ideology of the judicial process, ‘judicial activism’ implies the “use of the court as an apparatus for intervention over the decisions of policymakers through precedent in case law.” Merriam Websters Dictionary of Law define Judicial activism as "The Practice in the Judiciary of protecting or expanding individual rights through decisions that deport from established precedent or are independent of or in opposition to supposed constitutional or legislative intent".The roots of Judicial activism are to be seen in the court’seasy assertion regarding judicial restraint.In A.K.Gopalan v Madras,although the court conceived its role in a narrow manner. It asserted that its power of judicial review was inherent.Judicial Activism can be positive as well as negative.
As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
Laws set out standards, procedures and principles that must be followed. A law is enforceable by the judicial system, i.e. those responsible for breaking them can be prosecuted in court. There are various types of laws framed like criminal laws, civil laws, and international laws. Breaking a law is a punishable crime and has drastic consequences such as hefty fines, jail time and community service
To make binding laws within its territory, prescriptive jurisdiction is referring to the supremacy of the organs that constitutionally recognized of the state. Enforcement Jurisdiction has a meaning of the enforcement of the laws that only allowed within the state territory itself. A State cannot enforce its laws on the foreign territory without the permission or agreement from the host state; or else it will be liable for a violation of International Law. Judicial jurisdiction is concerning about a particular country’s power courts of to try cases in which a foreign factor is present. In criminal judicial jurisdiction, the range is from the territorial principle to the universality principle; and in civil judicial jurisdiction, the range is from the mere presence of the defendant in the country to the nationality and domicile principles.
and they deal those matters by rotation without having specialized knowledge in the field like they deal criminal first they tax law which affect the quality of justice and also need to be specialized and also better training should be given to the judges during appointment will work. Another issue of witness protection and offence of perjury has been a highlight of malimath committee report where they emphasized on rights of witness as it was guaranteed in USA and other countries for their protection from different threats and other process of turning hostile and also convenient for them to be a part of justice system, further process of taking action against perjury is also cumbersome and unsatisfactory and it need to be changed where judges can punish for the offence of perjury strictly according to section 8 of the act and also change in section 344 of CRPC should be made to punish perjury. Short term tenure of judges in apex court is an issue need to be considered where in short span of time they do not master the law and acquire maturity at the Supreme Court level because of retirement at the age of 65. Comparing to USA there is no retirement age
This is the strongest power of judges to impose sanctions against actions that interfere with the normal court process. A finding of contempt of court may be caused by failure to comply with a lawful order of the court, showing no respect for the judge, disruption of proceedings through poor behaviour, or publication of material deemed likely to prejudice a fair trial. A judge can impose sanctions such as fines or imprisonment for a person found guilty of contempt of court. Judges in common law systems typically have wider powers to declare someone in contempt than judges in civil law systems. Client or the person will be found guilty before he or she will be punished.
It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution. Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov¬ernment. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public