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.
Constitution are codes of rules which aspire to regulate the allocation of functions, powers and duties amongst the various agencies and officers of the government and to define the relationship between these and the public. The agencies and the officers of government are the three organs of government; Executive (executers of the law), Legislative (makers of the law), and Judiciary (interpreters of the law). In layman terms, a ‘constitution’ is laid principles which tell how a country should be run and their interaction between the citizens of their member state. One can draw the significance and the importance
Furthermore , I will show that there exists a definite relationship between the three concepts. The independence of the judiciary safeguards the right of all citizens to a fair trial. In a constitutional democracy with a supreme constitution ‘the judiciary acts as a referee of the democratic process while also checking whether the two political branches of government , the legislature and the executive , act within the boundaries set out by the Constitution and by legislation’ . A case is to be decided on judicial process involving an interpretation and application of the law together with facts and evidence. It is of utmost importance that the judiciary be kept separate from other branches of government and this concept underlines the value of the doctrine of separation of powers.
The common law and civil law systems are the products of two on fundamentally distinctive ways to deal with the lawful procedure. In civil law, the important principles and rules are contained in codes and statutes, which are applied by the courts codes. Subsequently, codes and statutes prevail, while case law constitutes just an auxiliary (secondary) source of law. On the other hand, in the common law system, the law has been overwhelmingly made by judicial decisions, while a theoretical (conceptual) structure is frequently deficient. This distinction is the result of diverse role of legislator in civil law and common law.
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.
Constitutional history of India This paper is an attempt to survey the constitutional developments in colonial Indian history. A constitution can be defined as a set of legal norms, either codified or uncodified that determine the extent and scope of the powers of the state. It gives the state it’s structure and form and strives to curtail arbitrary action to foster a legal environment where rule of law is above the rule of men. Before the advent of British colonial rule, the subcontinent was rules by a number of states that were absolute monarchies. Under an absolute monarchy there are no limits on the power of the Monarch, any limitations that the sovereign might encounter would be rooted in realpolitik and not in an inherent rule of law
v. State of Kerala and Anr. Kesavananda Bharati’s case also held that Separation of Powers creates a system of checks and balances, and demarcation of this power is a basic constitutional feature. It is a part of the Basic Structure of the Constitution. This decision was reaffirmed in the case of Smt. Indira Nehru Gandhi v. Shri Raj Narain.
Without appropriate administrative law any society would die. Administrative law is body of reasonable limitations and affirmative action parameter, which are developed, and operationalised by the legislature and the courts to maintain and sustain a rule of law society. The establishment of administrative law is recognized as, to check, abuse or detournment of administrative
Various tribunal and Appellate Boards: Tribunal are constituted for the purpose of resolving disputes of any particular kind. The jurisdiction and procedure of these tribunals are governed by the statutes addressing them. The Intellectual Property Appellate Board (IPAB) is one such tribunal. District and Sessions Court: Every state is divided into district for the purposes of constituting courts. The judge presiding in order to decide such matters is the District Judge.
Hood Phillips, Paul Jackson, and Patricia Leopold in “The constitutional law of a state is the law relating to the constitution of that state”, then it is imperative to understand the laws, the country, and the constitution at the same time. Constitutional Court is not the rules are made of government, but it is a regulation made by the people to manage government, and the administration itself without the constitution with power without authority. 3. The legislation The legislation is unwritten by law that contains norms binding legal to the public, both set by the institutions of the laws that have the authority of the delegation of legislation to establish the rules, according to regulations. According to Law No.