Separation of Powers Essays

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34 essay samples found

Politics of Russia

Russia’s Form of Government They have a Federal Republic, which means that Russia has a federation of states with a Republican form of Government. It is also semi-presidential, which means that both a Prime Minister and a President handle day-to-day business together. Russia is a federation and a presidential republic, wherein the President of Russia […]

Pages: 40 Words: 11881 Topics: Government, Judge, Justice, Separation Of Powers, Social Institutions, Soviet Union, Vladimir Putin

An Analysis of Mandatory Injunctions

(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the […]

Pages: 10 Words: 3050 Topics: Common Law, Contract, Government, Justice, Separation Of Powers, Social Institutions, Virtue
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The English Legal System

Introduction to English Law Before the Norman conquest, different areas in England were governed by the different law system. The law system based on the local custom hence, the law is varied from place to place. Thus, the King had only little control over the country as a whole and there was no effective central […]

Pages: 9 Words: 2811 Topics: Common Law, Judge, Justice, Separation Of Powers, Social Institutions, Supreme Court, Virtue

An Introduction to English Law

Introduction to English Law English law is applicable to England and Wales, the legal system under the umbrella of the United Kingdom. The law has largely been built through their years of qualifications, knowledge and experience to create a regulation to allow the residents of these countries that want to live and they must be […]

Pages: 10 Words: 2922 Topics: Common Law, Judge, Justice, Separation Of Powers, Social Institutions, Supreme Court, Virtue

An Introduction to Malaysian Courts

1.0 Introduction to Malaysia Courts There is a hierarchy of courts in Malaysia which starts with the Magistrates Court as the first level, followed by the Sessions Court, High Court, Court of Appeal and the highest level of the courts is the Federal Court. A court is defined as the institution that the government sets […]

Pages: 8 Words: 2370 Topics: Common Law, Government, Justice, Separation Of Powers, Social Institutions, Virtue

Civil and Criminal Procedures

Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a […]

Pages: 10 Words: 2867 Topics: Burden Of Proof, Crime, Criminal Justice, Criminal Law, Criminal Procedure, Ethical Principles, Morality, Separation Of Powers

One Person Company

Title of the Article-“Company Law, 2013: Demystifying NCLT and One Person Company” Abstract The Companies Act 2013 has been a mixed bag of affairs. It has come up with new rules regarding various institutions that were not there till now like the NCLT and the NCLAT and the provisions of one person company. These new […]

Pages: 7 Words: 2147 Topics: Common Law, Ethical Principles, Government, Justice, Separation Of Powers, Social Institutions, Virtue

Confidence in British Jury System

“The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.” – Lord Justice Auld (1999) Review of […]

Pages: 8 Words: 2484 Topics: Common Law, Ethical Principles, Judge, Judgment, Jury, Separation Of Powers, Social Institutions

Digital Evidence Admissibility

Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a […]

Pages: 9 Words: 2551 Topics: Ethical Principles, Evidence, Government, Separation Of Powers, Social Institutions, Virtue

Domestic Law Approaches to Multinational Corporation Accountability

VII. Domestic Law Approaches to Multinational Corporation Accountability Although frequently noted that MNCs should abide by host country laws it is obvious that MNCs must do that, if they broke local laws they would not be allowed to conduct business (that is notwithstanding that in some cases local laws are not enforced), however this does […]

Pages: 33 Words: 10013 Topics: Common Law, Government, Justice, Separation Of Powers, Social Institutions, Virtue

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 […]

Pages: 9 Words: 2809 Topics: Act, Ethical Principles, Judiciary, Justice, Mens Rea, Separation Of Powers, Social Institutions, Virtue

University of Maiduguri with Disciplinary

Garba v.University of Maiduguri with Disciplinary issues in Tertiary Institutions   Introduction A watershed moment in the landscape of the nation’s judicial decisions took place in the last century in the case of Garba v.University of Maiduguri[1] Where the Supreme Court laid down a marker in respect of disciplinary issues in our tertiary institutions, and […]

Pages: 8 Words: 2510 Topics: Crime, Government, Justice, Separation Of Powers, Social Institutions, Supreme Court, Virtue

Victim’s Empowerment in the Criminal Justice System

In this project, I shall talk about how a victim could be more empowered in the existing criminal justice system. I shall divide my project into 4 sections and a conclusion. In the first section, I shall talk about all the powers that have been given to the victim of a crime under the Criminal […]

Pages: 12 Words: 3525 Topics: Crime, Criminal Justice, Deviance, Ethical Principles, Justice, Law Enforcement, Separation Of Powers, Social Issues, Victimology

Inquisitorial and Adversarial Systems

An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis […]

Pages: 9 Words: 2705 Topics: Common Law, Government, Justice, Morality, Separation Of Powers, Social Institutions, Virtue

Is Jury Nullification Essential Power or Serious Shortcoming

A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack […]

Pages: 6 Words: 1667 Topics: Act, Crime, Criminal Law, Ethical Principles, Government, Jury, Justice, Separation Of Powers

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 […]

Pages: 10 Words: 3033 Topics: Common Law, Constitution, Judge, Judgment, Judiciary, Justice, Separation Of Powers, Social, Social Justice

Jurisdiction and Powers of the High Court

Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Black’s Law Dictionary, “jurisdiction”is the power and authority […]

Pages: 10 Words: 2954 Topics: Common Law, Constitution, Ethical Principles, Justice, Separation Of Powers, Social Institutions, Virtue

Jury System in the Dock Law Essay

This discussion examines the role of the jury in the current judicial system and asks the question as to whether or not it should be abolished under certain conditions or whether it remains a fundamental facet of British democracy. Trial by jury might afford some protection against the (perhaps largely unconscious) bias of the judiciary, […]

Pages: 4 Words: 1299 Topics: Common Law, Government, Jury, Justice, Separation Of Powers, Social Institutions, Virtue

John Hopkins Hospital Case Analysis

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTSTATE OF MARYLAND *IN THE KANWE WEST,* Plaintiff* *Civil Action No. JOHN HOPKINS HOSTPITAL, ET AL* Defendants* *CIRCUIT COURT QONTA WADDELL*FOR BALTIMORE CITY *CRIMINAL DIVISION *********** PLAINTIFF’S MOTION TO REMAND DISMISS Plaintiff, Kanwe WestNOW COMES the Defendant, Qonta Waddell, through his undersigned counselCounsel, Cassandra Costley, Assistant Public […]

Pages: 9 Words: 2748 Topics: Common Law, Government, Hospital, Justice, Separation Of Powers, Social Institutions, Virtue

Parliament as a Check on Government

Scrutinising the executive is one of the imperative duties of the UK Parliament. It ‘seeks to limit and control the exercise of power by making those who hold the power- the executive- directly and constitutionally responsible to the legislature’.[1] Thus, it monitors power balance by implementing adequate checks and balances of the activities undertaken by […]

Pages: 8 Words: 2548 Topics: Accountability, Democracy, Government, Political, Political Science, Question, Separation Of Powers, Social Institutions

Power Must Never be Trusted Without a Check

“Power must never be trusted without a check”-John Adams. When a government is to be formed, one of the major concerns of the forefathers of a nation is that there is enough liberty given to each organ of the state so as to ensure their proper functioning and liberty, the government is supposed to be […]

Pages: 6 Words: 1845 Topics: Government, Justice, Political, Political Science, Power, Separation Of Powers, Social Institutions, Virtue

Procedures of Search and Seizure in the French Criminal Justice System

Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as […]

Pages: 5 Words: 1488 Topics: Common Law, Government, Judge, Justice, Morality, Separation Of Powers, Social Institutions

Separation of Powers in Australia

1. Explain the Doctrine of the Separation of Powers and how it operates in Australia. (350 words) 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 […]

Pages: 6 Words: 1684 Topics: Australia, Common Law, Constitution, Judiciary, Political Science, Separation Of Powers, Virtue

Significant Developments in the Evolution of UK Business Law

Analyse the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explain how these developments impact upon the current operation of UK Business Law INCORPORATING THE LAW MERCHANT INTO COMMON LAW In the 1600’s a major development of business law was the incorporation of merchant law into the […]

Pages: 9 Words: 2690 Topics: Common Law, Government, Justice, Separation Of Powers, Social Institutions, Virtue

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 […]

Pages: 6 Words: 1856 Topics: Government, Judge, Judgment, Judiciary, Justice, Separation Of Powers, Social Institutions

When the Legislative and Executive

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 apprehensions may arise, lets the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. (Montesquieu, Spirit of Law 1748) The theory of Separation of […]

Pages: 24 Words: 7078 Topics: Government, Justice, Malaysia, Separation Of Powers, Social Institutions

The Similar Material Facts for Courts Law Essay

According to the case given by the question, we would like to discuss about whether a high court judge are bound to follow the decision made by the judge of Court of Appeal when they are having the similar material facts. As a High Court judge, Mr Justice Peter is bound to follow the decision […]

Pages: 3 Words: 943 Topics: Common Law, Judge, Judgment, Justice, Separation Of Powers, Social Institutions, Virtue

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 […]

Pages: 4 Words: 1311 Topics: Common Law, Ethical Principles, Judiciary, Morality, Parliamentary Sovereignty, Political Science, Separation Of Powers

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 […]

Pages: 2 Words: 591 Topics: Citizenship, Democracy, Government, Judiciary, Political Parties, Separation Of Powers, United States

Thomas Jefferson was the Author of the Declaration of Independence

Thomas Jefferson was the author of the Declaration of Independence, the third U.S. president, and was an important figure in the early development of America. In 1775, Jefferson was selected as a delegate to the Second Continental Congress. He was asked to draft the Declaration of Independence. The Declaration explained why the 13 colonies wanted […]

Pages: 2 Words: 562 Topics: Government, Separation Of Powers, Social Institutions, Thomas Jefferson, United States
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