Danyal Hasnain Justice Fazal Karim Constitutional Law 11th December‚ 2014. Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled‚ in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law‚ irrespective of whether it comes from
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In the 1825 case of Eakin v. Raub‚ Pennsylvania Justice John Bannister Gibson declared that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution
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INTRODUCTION This paper is set to advise John Phiri on the best possible action to take in relation to redress in the courts of Law. In due course‚ this paper will attempt to demonstrate why the said action is the best under the prevailing circumstances. This paper will also employ relevant legislation and authorities and draw a conclusion to elucidate this fact. CONTROL OF ADMINISTRATIVE ACTIONS To fully advise John‚ it is important to note that administrative actions emanate from public authorities
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTION PART II ON WHAT GROUNDS CAN JUDICIAL REVIEW BE SOUGHT? The grounds for JR can be classified in at least three ways: 1. Two principal classes of action may be pursued under JR: those which allege that there has been a breach of statutory requirements‚ and those alleging that action has been taken in disregard of the rules of ‘natural justice’. 2. In Council for the Civil Service Unions v Minister of State for the
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“We all learn in school that the judicial‚ legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well‚” stated by Alan Dershowitz. All of the branches should be checked on power by everyone. That is where Judicial review comes in‚ it is a check and balance on the Executive branch and the Legislative branch. Judicial review is an important part of our constitutional system
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UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
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Judicial review is the process in which the judicial branch of the government‚ the supreme court‚ reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed
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CHAPTER – 1 GROUNDS OF JUDICIAL REVIEW INTRODUCTION “Public law is not at base about rights‚ even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.” * Sedley.J1 The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly‚ in order to succeed‚ the claimant (the person or body
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The Supreme Court’s powers include many different things. They are the highest court within the judicial branch of the United States government. They are oftentimes the deciding factor when it comes to cases that derive from lower courts. Supreme Court justices are guaranteed a life long term and are appointed by the President (U.S. History). However‚ the Supreme Court has much more power than just listening to cases day by day. They are highly experienced individuals within their realm of expertise
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JUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu‚ PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the
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