This is not to say that judges do not operate under the legal boundaries as set by the constitution, but some have argued that since the discretionary powers of judges and Supreme Court judges, in this case, can significantly affect the outcome of any judicial decision, then their ideology and personal philosophy is quite important especially when they would be voting on significant cases. Finally, both sides of the divide recognize the importance, and role ideology plays in the major legal decisions. Ideology matters and a person’s thinking is bound to influence the way they will vote on important issues, and this is why interest groups on both sides of the ideological divide have strong reasons for making judicial confirmation a high priority because they know what is at stake in who occupies the federal bench. Lawrence H. Tribe. God Save This Honourable Court, 87, 90 – 91 (1985).
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
Procedural law requires notice and a hearing while substantive due process is governmental objective. Basically, substantive due process has to do with very specific fundamental rights of citizens’ while procedural due process is when a citizen is not awarded the proper procedures under law. Substantive due process is additional to procedural due process. Procedural law is the analysis of how law is administrated while substantive is an individual analysis of the law. Procedural law has to do with both criminal and civil law.
The main principles behind the modern constitution were human rights, accountability, power separation, representative government, and independence of judiciary. The focus was on how the individual liberty could be permanently secured and preserved. Articles of Confederation and The Constitution, both have some similarities, but they differ more than they do resemble one another. The most common aspect of each other, is that, they were established
In one sense the whole issue of genre is vital though in many ways, seeking to define law films may, in itself, be problematic. (Greenfield, 2001, 5). I believe this has plenty of significance about how Americans can be pulled into the different way movies develop a lawyer’s persona because depending on the film that is being shown, that will determine how we view them. Before the law and with the law can influence this because both perspectives show us how a lawyer handles a case, either sticking to the law or lying to win a case, discouraging Americans from thinking of them as heroes. As Americans, our culture always has a viewpoint on how we should imagine them.
In the discussion of moral objectivism and moral relativism, it is important to understand the difference, and the impact that a moral system has on the criminal justice community. The community exists to enforce the laws. Moral judgments are made with votes, and the decisions on how laws are crafted are made by elected officials. For this reason, it makes sense for the criminal justice community to separate themselves professionally from their own moral views. Moral Relativism is the view of morality, much like beauty, is relative to the person, culture, or organization.
Yes it is very possible to act ethically, and most people make a conscious effort to act in such a way. Our definition of ethics as an individual is formed by our upbringing and government legal system through laws, and acceptable rules that allow us to coexist as a community. The reason why most people want to act ethically is to be accepted by their families, peer groups, and not violate the laws, which would result in a person being ostracized from friends, family and peers resulting in the possible loss of freedom. There are many ways personally and professedly to act ethical in life. In work to strive to be honest, trustworthy, dependable, personally to be honest, loyal, and benevolent are all good traits that are associated with
This distinction in the law is termed as functions. According to the amendment, the judge is designated to try the law whereas the jury can try according to facts. This distinguishing between the law and fact is important as it gives the legitimacy to the decree of juries. At the same time, the amendment prevents from violation of the justified legal anticipations of the
It will also help identify the rights and freedoms of citizens through a bill of rights, which operates both to protect citizens and to restrict the power of the state. A constitution whether it is written or unwritten will share a common features which is they will identify the principal institutions of the state which is the executive, legislature and the judiciary. Constitution consist of two types the written and unwritten constitution. A written constitution is one, which seen in one or more than one legal document duly enacted in the form of laws. It is precise, definite and systematic.