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Judiciary of Malaysia

>Jurisdiction Chosen: Country – Malaysia Malaysia has a unique legal system as it is the only country in the world that adapts a dual-track legal system where Islamic courts co-exist alongside with civil-institutions. Apparently, because of the dual legal system, Malaysia inherits legal tradition from both the Islamic law and the common law. The more interesting discussion of this research would elaborate how co-existence is possible in Malaysia without conflict. Before British colonization in Malaya (confined to all states in […]

Example Law Essay – the Declaration of Theory of Law

Introduction The declaratory theory of law is quite simply that judges do not make or create the law, the merely declare what the law is and what it has always been. The declaratory theory of law has often been used by members of the judiciary and constitutional lawyers as a shield against the accusations of others that judges do in fact create law. The issue with the creation law by the judiciary is that the judiciary is an unelected body […]

The Independence of the Judiciary in Constitutional Law

In traditional constitutional theory, independence of the judiciary connoted independence from the political executive. It has presently discovering that a judge’s opportunity of activity can likewise be undermined by weights from his bosses inside the legal extension. Moreover, the test to legal autonomy from the religious foundation is not obscure. There is additionally the risk of weight or impelling from private, political and business focuses of force. Open trust in the uprightness, unbiased attitude and freedom of the legal is […]

The Supreme Court in the Judiciary System of the USA

The pinnacle of the federal judiciary system in the United States of America is the Supreme Court. The Supreme Court is the highest court in the land, having the ultimate authority in matters involving the constitution. The constitutional interpretation and decisions reached by the court are final becoming the law of the land. With such substantial importance given to each ruling, becoming a Supreme Court Justice yields immense power affecting generations to come. It is no surprise then that the […]

The Legal Aspects of Information Technology Law Essay

Legal matters are an unavoidable aspect in our day to day life. Many are not aware that their actions have been derived by law at some point. To appreciate this fact it is essential to understand what laws are. Law can be defined as a system of rules and regulations that is set as a framework to guide and regulate behavior of people. It allows the society to function properly by securing justice and peace among the many individuals. One […]

A Family Story about the Life of a Judge

Hon. Justice Adolphus Godwin Karibi-Whyte was one of the foremost judicial titans ever to tread the Nigerian judicial universe. Justice Adolphus Godwin Karibi-Whyte was born in a small town called Abonnema on January 29th 1931, he was the first son of about three boys and seven girls, he was the only son of his mother, he was also a very good footballer, and he was a brilliant student. He attended his secondary school at Kalabari National college in a town […]

Human Rights – Human Needs and Demands

Human rights are those rights which are given to any individual due to only one reason that ‘He’ or ‘She’ is born as a human being. Human rights are the rights that are very crucial for human life. Human rights will be rights to specific cases and flexibilities for every single person everywhere throughout the world. These rights other than being principal and widespread in character, expected universal measurement. These rights give guarantee to make a man free. Universal nature […]

The Marbury Vs Madison Supreme Court Case had Occurred

In 1803 the Marbury vs Madison supreme court case had occurred and was led by Chief Justice John Marshall. This Chief decided the landmark case of William Marbury vs. James Madison and he also confirms the legal principle of judicial review. The long- term significance of the Marbury and Madison was that it separated the judicial branch from the executive branch. The decision fundamentally expressed that The Judiciary Act of 1789 enabled the court to propel executive officials to act […]

The Great War for Empire, Otherwise Known as the Seven Years’ War

The Great War for Empire, otherwise known as the Seven Years’ War or the French and Indian War, took place from 1756-1763. The war began when Great Britain declared war on France over the territories in North America. Both France and Great Britain claimed to have owned the Ohio county, however neither had done much to sustain those claims. In the meantime, Native Americans that were currently living there had their own claims to the territory. In the 1740s the […]

Supreme Court Reforms

In the case of reforms of the Supreme Court, I suppose that an update is necessary to adjust to the modern world. Over the past couple of decades, nominations over the high court have increasingly become more political. According to Article II of the Constitution, Supreme Court justices must be nominated by the President and approved by the Senate. But many more factors contribute to this process nowadays including interest groups, public opinion, and the media. This change could be […]

Christian Ethics Vs. U.S. Supreme Court

Introduction I would like to approach how we view our judicial system in the United States of America; while tackling the use of Christian ethics in the process. This can be a very sensitive issue when it comes any court of law. Our nation was founded under the principle of taking an oath before God before approaching any proceeding. Do, how much of Christian Ethics is applied to how we conduct proceedings? I will first describe how Christian Theology has […]

The Relationship between Political Parties & Interest Groups

Parties have a greater influence on government policy as compared to groups. This is because parties have a significant influence on the voting population and this facilitates a greater influence in government policy. Ideally, a democracy is a system of government that allows self-governance and plurality. America is founded on constitutional democracy; an ideology that had been influenced a number of elements and factors. Notably, John Locke in the 1700’s argued that people were the sources of power. With the […]

Biography of George Washington

George Washington was elected president in 1789 at age 57. Washington ended his military career and ran for president. He was inaugurated on April 30, 1789 in New York City. He ran against John Adams, who became his Vice President. The election was the beginning of the federalist era. Washington created the first administration of American history. Many of his ideas are still used today. To start off, Washington’s first administrations created the concept of presidency which would continue on […]

National Judicial Policy 2009

National Judicial Policy 2009 A year for focus on Justice at the Grassroot Level National Judicial (Policy Making) Committee Published by: Secretariat, Law & Justice Commission of Pakistan, Supreme Court Building, Islamabad www. ljcp. gov. pk CONTENTS 1. 2. 3. Justice at the Grassroot Level Executive Summery National Judicial Policy a. b. c. d. Independence of Judiciary Misconduct Eradication of Corruption Expeditious Disposal of Cases • Short Term Measures I ii • 4. Annexure Criminal Cases Civil Cases The Chief […]

The Integrity Principle – Analysis

After the case of Kable v Director of Public Prosecutions (‘Kable’)[1] whereby the institutional integrity principle was first implemented by the High Court, there has been substantial use of the principle in other cases. However, there are various concerns regarding this rule, and as a result there has been disagreement and many alterations to the characteristics of the principle. The background, evolution and potential concerns regarding the institutional integrity principle will be outlined further below. Induction of the Institutional Integrity […]

Separation of Powers in Australia

1. Explain the Doctrine of the Separation of Powers and how it operates in Australia. The doctrine of the separation of powers is a political system used in Australia, where the institutions of government are divided into three main branches. These include the executive, legislative, and judicial (Greenfeld, 2012). The legislature includes the parliament that is responsible of making the laws of the country. The executive includes the ministries that are responsible of putting the laws made by the legislature […]

Judicial Decision

JUDICIAL DECISION-MAKING AND SOCIAL JUSTICE I INTRODUCTION The judiciary’s collective reputation for impartiality and independence is vital in maintaining the perceived legitimacy of judges’ decisions. According to Sir Owen Dixon, this necessitates judges to accept that they should exercise their power via the techniques of legal reasoning. [1] Despite the general consensus on the importance of judicial independence, particularly from executive interference, there has been increasing criticism aimed at the extent to which judges consider issues relating to social justice […]

Judicial Reforms

“Recent judicial reforms will ensure judicial independence from interference by the State, but greater transparency of judicial appointments may also decrease the public’s reverence for judicial office.” 1. Introduction The drive for constitutional reform is on the basis of the foundational concept of the separation of powers. Integral to this is that the judiciary should be free to uphold the rule of law and prevent elective dictatorship. Although well-intentioned, elements of the change appear haphazard and as we shall see […]

Environmental Law in Hong Kong

Case 1 HKSAR v Dragages Hong Kong Ltd, HCMA 238/2014 Why did the defendants fail to make out a statutory defence? According to section 33 of the Noise Control Ordinance (Cap 400), the statutory defence made towards section 6 can be, by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; in pursuance of the purpose of the prevention of injury to any person or the saving of the life of […]

Criminal Justice in Saudi Arabia

Current Saudi Arabian Courts System: At present, Saudi Arabia has a double judicial framework included the Shari’ah Courts System and a free managerial judiciary known as the Board of Grievances. Notwithstanding the past legal bodies, there are a few Administrative Committees have jurisdiction to hear certain predetermined cases. Additionally, the Law of the Judiciary allows the foundation of particular courts by, Regal Order on the suggestion of the Supreme Judicial Council. As per the Law of Judiciary and Basic Law […]

Tradition of Criminal Justice

“Compare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possible” There is a general agreement that there are three major legal systems in the world; “English Common Law, Continental Civil Law, and Religious Law” (S M Shahidullah, 2012:13). Each legal system carries their own individual traditions which help explore how the systems have developed over time and it is these legal traditions that are used within society to ensure it […]

Judiciary Essays