or ambiguous law‚ Such judicial creativity‚ however‚ leads to a potential conflict between the judiciary and the legislature‚ since judicial law-making overlaps with the legislature’s function to enact law. To strike a balance between these two branches‚ self-restraint among judges is crucial. Whenever judicial law-making is unavoidable‚ it must be done subject to strict restrictions. Both HK and UK cases will be used in this article to support the analysis. Judicial Creativity Both Ronald
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Mangrove Analysis Report [By Nathania Burrie] [User: TaniaSmartTwit] [March 2002] Introduction Coastal mud flats throughout the tropics carry a vegetation of mangrove swamp‚ which is particularly luxuriant in the wet tropics‚ such as Cairns itself. These evergreen trees and shrubs share similar habitat preferences‚ and a similar appearance to the untrained eye. This report will explain my findings in this biological topic‚ and describe the adaptations the mangroves have developed in order to
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preserving judicial integrity.[2] With this reference to judicial integrity‚ Justice Ginsburg and three of her colleagues reminded us of the importance of this fundamental principle. This article joins with Justice Ginsburg’s vision to argue for a reinstatement of judicial integrity as the historical basis of the exclusionary rule. The concerns of judicial integrity are reflected in the desire to
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Court--Procedure--Declaratory relief--Prisoners’ claims against prison visitors--Proceedings by writ and originating summons--Whether judicial review only remedy--Whether claims abuse of process of court--Supreme Court Act 1981 (c. 54)‚ s. 31 (1) (2)--R.S.C.‚ Ord. 53‚ r. 1 (1) (2) Judicial Review--Certiorari--Prison’s board of visitors--Prisoners’ claim against prison visitors--Whether judicial review only remedy--Supreme Court Act 1981‚ s. 31 (1) (2)--R.S.C.‚ Ord. 53‚ r. 1 (1) (2) The four plaintiffs‚ prisoners in
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of public law which: Fixes the organization Determines the competence of administrative authorities Indicates to the individual remedies for the violation of his rights. Kinds 1. 2. 3. 4. Statutes Rules‚ regulations or orders Determinations‚ decisions and orders Body of doctrines and decisions Administration 1. as a Function – the execution‚ in non-judicial matters‚ of the law or will of the State as expressed by competent authority 2. as an Organization – group or aggregate of persons in
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writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage‚ this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its origin from the orders passed by the
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down from the Supreme Court. The landmark decision ultimately made the Judicial branch the most powerful branch because of the judicial review. With judicial review the Supreme Court has the ability to interpret the Constitution or any law any way that the court sees fit accordance to the law. Marshall’s ruling was clear and concise. Marbury did have the right to his appoint under law. Marbury had the right to seek a remedy because he deemed himself injured but the Supreme Court could not issue
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ORIGINALITY I am Rahul Sori; Roll Number-50‚ Batch- 9‚ student of Semester- VIIth of B.A.LL.B.(Hons.)‚ Hidayatullah National Law University‚ Raipur (Chhattisgarh) has undergone research of the project work titled “Writ of Mandamus”‚ as a student of Judicial Review‚ hereby declare that- this Research Project has been prepared by the student for academic purpose only‚ and is the outcome of the investigation done by me and also prepared by myself under the supervision of Dr. Kaumaudhi Challa‚ Hidayatullah
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Powers of Administrative Agencies 1. Quasi-legislative power / Power of subordinate legislation 2. Quasi-judicial power/Power of adjudication 3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) Definition of "Quasi-legislative power" It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy. Distinctions between
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Conceptual Barriers of Judicial Enforcement A. Nature of State Obligations B. Separation of Powers III. Practical Issues A. Complexity of Adjudication B. Institutional Competence C. Remedies and Implementation D. Resource Scarcity IV. Potentials for Justiciability A. Minimum Core Rights B. Integrated Approach C. Special Forms of Remedies V. Conclusions
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