‘Do Judges make Law? ’This is one of the most debated topics in the world of Law. Presently, according to the laws of the parliament, Judges are only allowed to uphold the laws passed by the parliament and not to create or make any new laws or whatsoever. But in some cases or circumstances, Judges have been known to amend and change the laws according to the situation if the judges see fit. So does that count as making a new law?
In a constitutional supremacy, parliament is not omnipotent. Its powers are constrained by the constitution. In most constitutional democracies, if a citizen believes that a certain law violates a certain provision in the constitution, she can file an action in a court of law. Courts have the power of judicial review on the constitutionality of legislation. If the court finds that the law does indeed violate the constitution, it can strike the law
Although Congress has many responsibilities, the main duties of the United States Congress is to make and enact laws, declare war, investigate some federal matters, and perhaps the most important duty of the Legislative Branch is to maintain checks and balances over the Executive Branch. The Legislative Branch has the ability to impeach the President of the United States, they may override presidential vetoes by 2/3 vote, approve treaties and approve presidential appointments. Although the Legislative Branch ensures the Executive branch does not hold too much power, it also maintain checks and balances over the Judicial Branch. The Legislative Branch has the ability to remove federal judges through the power of
The act created the federal court system that we still use today. The act also outlined the powers and their relationships to the state court. The act also added the idea that court’s decision is final and that the Supreme court can settle the disputes between states. The Judiciary Act also made it that there was 13 lower courts beneath the Supreme Court. The other act that Washington signed and made to help the country was the Neutrality Proclamation.
In the executive branch there is a president in charge of choosing Cabinet members and checks the powers of the other 2 branches. He also conduits foreign affairs and creates and approves laws in the government. The judicial branch interprets the laws on the Constitution, whenever there is a conflict about the laws of the land, the Supreme Court decides whether or not the laws coincides with the
The Supreme Court does have too much power for an unelected body. It is true that the power to reinterpret the Constitution in the light of changing societal needs can amount to the power to amend the Constitution but they are subjected to checks by Congress and by the president. The House of Representatives can impeach justices and the Senate, try them and if found guilty by a two-thirds majority, remove them from office. Congress also has the power to initiate constitutional amendments, thereby seeking to overturn judgments of the Court with which it disagrees. They also have the power to alter the number of justices on the Court, the Supreme Court has no say in this whatsoever and therefore does not have the huge amount of power that it is accused of
Article 1, of this first post communist constitution proclaimed that Russia was “a democratic federative rule of law state with a republican form of government.1.” However, there are now major concerns about the current regime’s commitment to the principles of federalism. The problems of Federalization in Russia can be traced back to country's long history of authoritarian rule and the absence of a federal and democratic tradition. The 1993 constitution provided Russia with all the necessary elements of a Federation. However, as Elazar stresses, “True federal systems manifest their federalism in culture as well as constitutional and structural ways” and “the viability of federal systems is directly related to the degree to which federalism has been internalized culturally within a particular civil society.2.” Thus, although Russia inherited a federal structure, it did not inherit a federal
This implies that a President can voluntarily resign or be pressured to resign by the Governor General, Prime Minister and Governors, triggering another election so that the people can choose a new President. ROLES & POWERS OF THE PRESIDENT The Head of State would, in this model, perform the ceremonial duties of a national representative. Because the Governor General’s position is retained in this model, those roles and powers would not transfer to the Head of State. Instead, the Head of State would only have 1 other power, which is codified, the ability to “appoint and dismiss State Governors at the behest of the Prime Minister”
Separation of power is the doctrine and practice of dividing the powers of a government among different branches to guard against abuse of authority. A government of separated powers assigns different political and legal powers to the legislative, executive, and judicial branches. The legislative branch has the power to make laws. The executive branch has the authority to administer the law and to appoint officials and oversee the administration of government responsibilities. While the judicial branch has the power to try cases brought to court and to interpret the meaning of laws under which the trials are conducted.
Any law inconsistent with the Federal Constitution may be challenged in court. Yang di-Pertuan Agong act as the Head of the Federal Constitution and it was divided into three authorities. There are executive authority which is led by prime minister, legislative authority is the Parliament which consists of House of Representatives and the Senate, and the Federal Court leads the judiciary. If the total number of the members is two-thirds of majority of it, the Constitution can be change.