Should we cap the amount of power it posses at present? I will discuss the question at hand by discuss the role of judiciary, the importance of constitution and the conflict between between constitutionalism and democracy. The Judiciary serves an essential role in protecting us from erroneous doing of others, protecting the weak from the strong, the powerless from the powerful, fore fending individuals from the unwarranted or unlawful exercise of power by the state. This is the judicial function of the Judiciary system. When a dispute is brought before a court it’s the court responsibility to determine the facts involved given through evidence given by the contestant.
This emphasises on the individual’s interest’s mirrors the perspective that the main role of judicial review is the protection of individuals against the ill use of government’s force. The second way to deal with the subject of standing can be described as the ‘enforcement model.’ On this approach, the applicant standing is dictated by asking whether they are a suitable individual to uphold the norms of administrative law. In noting this question, the court may have respect to the personality and capabilities of the candidate. Ultra Vires “Ultra” means beyond and “vires” means power, so ultra vires literally means going beyond power. There are three main grounds for ultra vires and they are; lack of power, abuse of power and failure to exercise jurisdiction.
The doctrine of judicial review which dictates the conditions as per which executive and legislative actions would be reviewed by the judiciary; which also has the power to render them invalid. The acts of the state may be annulled by the power of judicial review, exercised by certain courts when they are found to be non-compliant to higher power, such as constitutional laws. Therefore, the concept of judicial review essentially represents the accountability mechanisms which form part of the modern governmental system (where various governmental branches are checked by the judiciary). Interpretations of this principle vary by jurisdictions, as do the various opinions on hierarchy and norms of government. Resultantly, the scope and procedure of judicial review is subject to change depending on states and countries.
In some cases an approach that gives slightly more emphasis to the text may be seen to be more in line with the judiciary’s constitutional position. The law is written in the words of the statutes, and Parliament has an obligation to express law correctly. The role of the court courts is not to ensure that Parliament hits the target every time, especially when the legislation does not clearly display those targets.
Judicial Review is the power of the judiciary to review the actions taken by the legislature and the executive organ of the government and decide whether or not the actions taken by the legislature and the executive are in conformity with the Constitution. If the enactments done by the legislature and the executive are found unconstitutional then the judiciary has the power to declare those acts illegal, unconstitutional and invalid ( null and void) after which they cannot be enforced by the government. Origin of Judicial Review The judicial review is one of the very important contributions of the USA to the political theory. The origin of the judicial review has been result of a judicial decision and the continuance of judicial review has
Constitutionalism and Administrative Discretion Constitutionalism is based on the concept that government should have a limit to its authority and in turn needs to abide by these limitations. This idea seems contradictory since if the government is the law then how can it have limitations on itself. Rosenbloom and Carroll stated “public administrators need to understand the nation’s constitutional framework, as well as the substance and structure of individuals’ constitutional rights as never before” (as cited in Young, 2005, pg. 37). We as public servants need to realize the importance of the regulations of the law while also understanding the law does have limitations in of itself.
The second model concern two factors including systemic-level characteristics and the status or role of the judiciary, both explains how the judiciary may affect the executive institution. Within the thin strategic model, the article explains that government behavior towards the judiciary is mainly focused on the condition of the government. Depending on the condition in which the government is classified as, determines the independence the judicial institutions have from the executive institutions. To determine the condition of the government the nature of electoral politics and power among the party system is taking into account. This means the likelihood of power holders remaining as leaders or losing in future elections and the amount power each party has within the government.
In this essay I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this is essay is the distinction between formal and substantive theories of the rule of law. In order to reach my conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil. Most people would dispute that the significance of law in society is to obtain justice, however justice is simply a term which is determined subjectively, it relates to an individuals
However there are related provisions under the PPO that are not provide for in the Basic Law, which include ordering attendance of witness by summon under section 10, examining witness on oath under section 11, compelling attendance by issuing warrant under section 12 and setting offences punishment under section 17-20. There is a doubt that those PPO’s provisions could be unconstitutional. The Rule of Law: There are two conceptions of the rule of law. The formative conception focuses on the predictab... ... middle of paper ... ...lly that PPO is exercised arbitrarily on the influence of functional constituencies’ self interest and DAB’s pro-government altitude. Another argument against inquiry concerns judicial fairness as such inquiry may trigger public trail if the summon entity is subject to be trail later on.
We know people support rights in theory but their support may waiver when it comes time to put those rights into practice. Civil liberties are legal constitutional protections against the government, and basically, tell the government what it cannot do. Judicial interpretations shape the nature of civil liberties, and as these interpretations change over time, so do our rights. To understand the civil liberties and freedoms we have, and how they have changed, we must examine several key Supreme Court decisions. One of the most common controversies addressed by the court is should the Bill of Rights apply to state governments.