Judiciary Essays

  • Importance Of Judiciary In Bhutan

    1604 Words  | 7 Pages

    Institutional Analysis: The Judiciary System of Bhutan The Royal Government of Bhutan composes of three major bodies; the Legislative, the Judiciary and the Executive. His Majesty the King is the head of the state. While the legislative power is executed by the Prime minister and the national assembly, the Chief Justice is the administrative head of the Judiciary. Its main function is to provide effective legal services and justice to the citizens of Bhutan as stipulated in Article 21 of Constitution

  • Irish Judiciary Importance

    1686 Words  | 7 Pages

    Although Alexander Hamilton famously described the judiciary as the weakest branch of government that existed under the tripartite system of the separation of powers, this statement cannot be said to be entirely true in the context of the Irish constitution. The Irish constitution attempts to lay out a system which creates three equal branches of government, capable of exercising a series of checks and balances to prevent the power of any other branch exceeding what has been mandated by the constitution

  • Role Of Judiciary In Malaysia

    1103 Words  | 5 Pages

    Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice. The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally

  • Essay On Judiciary In English Judicial System

    1076 Words  | 5 Pages

    the English legal system. Judiciary is one of the three arms of the government. The doctrine of separation of powers ensures that the role of the judiciary is retained independent from the legislative and executive functions of the government. The formation of the Human Rights Act of 1998 made it easier for the judges to a strict supervision of the parliament and for the executive powers they implement. In recent times many changes took place in relation to the judiciary. Among those, the House of

  • The Importance Of Judicial Independence In The South African Government

    1240 Words  | 5 Pages

    In the South African Constitutional dispensation , the judiciary is an independent branch of government. Chapter 8 of the Constitution of the Republic of South Africa provides for the structure of the judiciary and also makes provisions for it’s independence. The state is required to assist and protect the independence , impartiality , dignity , accessibility and effectiveness of South African courts. In this assignment , I will attempt to review the importance of judicial independence as guaranteed

  • Importance And Importance Of Judicial Independence

    1444 Words  | 6 Pages

    independence is the concept that the judiciary needs to be kept away from the other branches of government. Judicial Independence is vital and important to the idea of separation of powers. In this regard, one has to distinguish individual independence from institutional independence. The former relates to values like integrity, honesty, selflessness etc. that needs to be incorporated in the individuals. Judicial independence is central to democracy because it is the judiciary which helps the realisation

  • Pros And Cons Of The Collegium System

    1146 Words  | 5 Pages

    made and further rewrote the constitutional provisions regarding Article 124 and Article 217. Article 124 and Article 217 of the Indian Constitution has provided the plural functionalities only within the judiciary. i.e. executive and judiciary. Here the appointment process is remain with the judiciary but executive has right to announce the order. Pros and Cons of Collegium System:

  • Disadvantages Of Judiciary

    1588 Words  | 7 Pages

    When judges are spoken of as a group, they are referred to as the judiciary. There are many different levels of judges, but the basic function is the same at all levels: judges are there to adjudicate on disputes in a fair, unbiased way, applying the legal rules of England and Wales. There is no clear-cut division between civil and criminal judges, as many judges at the various levels are required to sit for both types of case. This in itself causes problem as, before their appointment, most judges

  • What Are The Advantages And Disadvantages Of Separation Of Powers

    1584 Words  | 7 Pages

    Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional

  • Separation Of Powers In The Uk

    1896 Words  | 8 Pages

    doctrines of the constitution of the United Kingdom. The separation of powers is a doctrine often described as the trias politica principle and it involves the allocation of powers to the three branches, namely the legislature, the executive and the judiciary and how the function between them. In this essay I have to explain and critically analyse the doctrine of the separation of powers as it applies to the UK Constitution. Historically, the separation of powers is traced back in the ancient Greece

  • Essay On Judicial Appointment

    1622 Words  | 7 Pages

    JUDICIAL APPOINTMENT SYSTEM IN BRAZIL: TRACING THE INSTITUTIONAL CHANGE OF THE JUDICIAL APPOINTMENT FROM BEING ASSERTIVE TO ATTITUDINAL 1. INTRODUCTION One of the constant points of struggle in major democracies is to maintain separation of powers between organs of the government in order to ensure independence of those organs. Judicial Independence can be marked as one such way to ensure non-interference or absence of external pressure in the functioning of judicial system. Thus, to check the extent

  • The Separation Of Powers Teasure From The Executive And Legislative Arms Of Government

    953 Words  | 4 Pages

    power having different responsibilities enables each arm of government to keep a check on the action of others. The Judiciary can strike down any laws being made by the legislature if they are unlawful, thus successfully providing a check on the legislature branch. Executive actions can also be deemed as unlawful by the judiciary. The legislature arm acts as a check on the judiciary as it can pass laws to override decisions made by the courts. Due to the separation of powers doctrine each arm of

  • Parliament Sovereignty In Mauritius

    1276 Words  | 6 Pages

    Parliament sovereignty and the Judiciary in Mauritius The Judicature is that branch of the State that has the duty of interpretation. It should only be interpreting authoritative source of law of that state and is not concerned with the enactment of legislations. Disputes arising between one individual with another individual or an individual with the Sate or another body should be submitted to the Judiciary, it is the only body which has the competency to solve these disputes. One of the most essential

  • The Importance Of Judicial Independence

    1271 Words  | 6 Pages

    Correspondingly, he identified there should be three organs of the state to carry out these functions: The Legislature, the Executive and the Judiciary, each organ should be kept separate and distinct, to guard against tyranny should too much power become vested in one person or body. Montesquieu also highlighted the importance of an independent Judiciary: “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because

  • Importance Of Separation Of Powers

    808 Words  | 4 Pages

    government from dominating the others or dictating the laws to the public. Most democratic systems have some degree of separation of powers, but the United States stands as the preeminent example of the practice (Encarta, 2009). In Malaysia, the judiciary may declare as null and void an executive act or a parliament act if either violates the Constitution. The executive branch is entirely free because it is controlled by the parliament to which it is answerable.

  • The Three Arms Of Government

    819 Words  | 4 Pages

    The legislature consists of federal and state parliaments that have the main purpose of creating legislation. The executive consists of the federal and state government that enforce and administer the laws created by the legislature. The Judiciary is made up of federal and state courts and have the role of resolving disputes. The three arms of government aim to effectively uphold the functions of law. These are social cohesion, the upholding of shared beliefs and values, and social progress, which

  • Importance Of Separation Of Powers

    998 Words  | 4 Pages

    government, which consists of legislature, executive, and judiciary that deal with the three functions of government, which are the legislation, execution and adjudication. Aristotle in The Politics further explained the three elements of the constitution; he proclaimed the difference between the deliberative, the officials and the judicial element. Laws make by legislature; laws put into operation by executive; and the laws interpret by the judiciary. Montesquieu explained that one body or person should

  • Interrelation Between Power And Law

    1292 Words  | 6 Pages

    which has functioned autonomously and no one or any institutions are able to have power over these institutions. According to the doctrine of Separation of powers, it can be divided into three branches – the executive, the legislature, and the judiciary- where each branch has separable and independent powers from each other , therefore, one of the power of these three branches cannot

  • Weakness Of Judiciary

    1134 Words  | 5 Pages

    Judiciary is symbolized to be the upholder of human rights ensuring ever citizen of its constitutional rights. Right to Constitutional Remedies, a fundamental right, states that every citizen of India can move a court of law in case of denial of its rights. This representation of courts as an institution of justice, free of discrimination and influence, seems to be withering. The loss of trust is not due to incapability of judges to make right judgments but because of political interference. There

  • Government Budgeting In The Philippines

    1031 Words  | 5 Pages

    Chapter 2 THEORETICAL BACKGROUND Review of Related Literature Historical Background The history of government budgeting in the Philippines began on the first two years of the 20th century when the Second Philippine Commission acted as the legislative body who are the main proponents for the measurement of the annual expenditures of the government. This legislation was in accordance with the Philippine Bill 1902, which stated that the disbursements from the National Treasury were to be authorized