The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
Parliamentary Sovereignty is a major principle of the UK constitution. This means that parliament is the supreme legal authority and has the power to both make and break laws. Generally speaking no court, including the highest court in the land- the Supreme Court, has the power to overrule its legislation. Instead, it is the job of the Supreme Court to interpret and develop the law where necessary. This provides proof that the UK courts are subordinate to parliament.
Many similarities and differences exists between our state and federal governments, The Federal Government’s foreword states all Federal Government will have total control of justice, safety, and freedom of the entire United States, rather than each state individually. As the history books states, America was founded on a specific type of government termed federalism, defined as its power is divided between the state (local) governments, and the federal government. Every state has its own Constitution, that is derived from the US Constitution. The State Government oversees the duties described within its Constitution, but shall not disagree with any amendment within the United States Constitution. The Federal Government Segway into three
The Federation Council takes care of federal subjects as well as taking care of the political divisions of the country, they also pass legislation that has been approved (What Type of Government). The State Duma has the power to override veto made by the Federation Council as well as put up new law proposals (What Type of Government). The Judicial branch makes sure that the laws of the country are somewhat constitutional (What Type of Government). There is not just one form of the Judicial branch, there are three. General jurisdiction are the lower, middle and supreme courts.
Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent
It involves the administration of justice through the courts and the interpretation and application of the law enacted by the parliament as well as responsible for the proper function of the rule of law, that the executive acts within the framework of the law with the assistance of the Judicial Review. Blackstone observed that justice can not be administered if the judiciary is not separated in some form from the other two powers. Prior to the Constitutional Reform Act 2005 the appointment of the judges was performed by the Queen. What is more, the judiciary was subject to the socio-economic and educational background, that is, middle aged white male, from a middle or upper class background with Oxford or Cambridge education. After the 2005 Act, the selection of the judges is subject to the Judicial Appointments Commissions.
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
It should run government affairs as per the law and the interpretation given to it by the Courts. The Executive branch consist of the the prime minister who has the responsibility of the National Assembly. It is the President of the State who will appoint the Prime Minister. The Prime Minister recommends the President for the appointment of the Council. Directing and controlling the Government is the Council of Ministers (cabinet responsibility.
It is this organ which implements the laws passed by the legislature and the government’s policies. It is comprised of the president who is the head of the state, vice president, the prime minister who is the head of the government and the ministers. (K,K. Ghai. Political theory and Contemporary International Relations ) Parliament exercises oversight of the executive branch to ensure that it undertakes its responsibilities in exercising various policies for the benefit of the country.
The neutrality of the institution is portrayed when members of the legislature and executive have taken oath of office before the monarch. Thus they have to heed the monarch advice when he speaks. Besides caring for the stability of government, the monarch has to care for the people