Separation Of Powers Essay Examples - Free Research Paper Topics on StudyDriver.com

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 […]

Characterisation and Separation of Powers

Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement […]

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 constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of […]

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 […]

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 is the head of state and the Prime Minister of Russia is the head of government. Executive power is exercised by the government.Legislative power is […]

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 the limits and otherwise of the powers of institutions to punish erring students. The decision has been the subject of criticism, and it has been […]

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 a mixture of the inquisitorial as well as adversarial models. The Sub Section 1 contains the procedural aspect of inspection of premise, inquiry, search and […]

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 defendant to do something. According to section 39 when in order to prevent the breach of obligation, it is necessary to compel the performance of […]

On Democracy & the Division of Power

Aristotle felt that democracy was essentially an unsuccessful endeavor that did not represent the true nature of governance. Aristotle believed many people were unfit to rule, and that people with money and time to concentrate on the best interests of people and country were more fit (the rich). If rulers were poor, they wouldn’t have the time and energy to properly rule; Aristotle believed that democracy was not the best type of government because it allowed anyone to rise to […]

Significant Developments in the Evolution of UK Business Law

Incorporating the Law Merchant Into Common Law Analysis the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explaining how these developments impact upon the current operation of UK Business Law. In the 1600’s a major development of business law was the incorporation of merchant law into the UK system. Before merchant Law was properly incorporated in the UK, it operated in the court of Admiralty which had been strengthened by a statute […]

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, but it is now used only in a minority of cases, and it is proposed to restrict it still further. The debate concerning jury trials […]

The Great Compromise and the Articles of Confederation

Colonial history is important to the evolution of the United States because it gave birth to the first forms of government. The first colony was established in 1607 and it was called Jamestown. Jamestown was an English colony that established laws and guidelines. In 1620 the first New England colony was formed, and the Mayflower Compact was signed. This colony was called Plymouth. The Mayflower Compact was an agreement signed by 43 of the 43 separatists that stated the laws […]

Democratic Government of United States of America

The United States, hereafter “U.S.”, is political system inspired partly by British or United Kingdom hereafter “UK”, but differs in several ways. The most significant way the British differs is that it has a democratic government which includes a prime minister and monarch. On the other hand, the U.S. has a federal constitutional republic with three branches of government that balance powers between each other: the judiciary, the legislative, and the executive branches. Although these two governments have very different […]

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 of Court of Appeal. Under judicial precedent, decisions made by judge’s previously in similar material facts are binding upon future cases depending on the hierarchy […]

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 […]

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 to be free of British rule and included why they should be independent and it was adopted on July 4, 1776. Jefferson ran against John […]

My Country’s Government, Economic Structure

As the newly elected president of my country it would be ran by a constitutional democracy government. This would be different from what the people are used to but appropriate educating and encouragement to participate in the new government would need to take place. The government style that the citizens just over came was a dictatorship, a form of government in which a ruler or small clique use absolute power (Diehl 2009). With the new government being a constitutional democracy […]

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 […]

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 power was first introduced by Montesquieu (a French philosopher and author) in his book Spirit of Law (Esprit Des Lois, 1748). The book was written […]

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 […]

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 the executive. Such measures subjecting the government to different, critical types of scrutiny are necessary to form a coherent, effective and stable authority in […]

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 divided into three separate organs (the legislature, the executive and the judiciary )with a special system of ‘checks and balances’. This was the system proposed […]

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 […]

John Hopkins Hospital Case Analysis

Dismiss Memorandum of Law in Support Of Defendant’s Motion to Remand To the Circuit Court for Baltiomor City, Maryland. Plaintiff Kanwe West, through his undersigned counsel, movestatement of facts below support that the Defendant has been denied his right to a speedy trial and therefore, is entitled to an order to dismiss by this Honorable Court to remand this action pursuant to 28 U.S.C. 1447(c), submits this memorandum of law in support of its Motion to Remand. Introduction Plaintiff Kanwe […]

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 of impartiality, as a bias could lead to a dubious non guilty verdict even when all the evidence points to a guilty verdict or vice […]

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 of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in […]

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 Procedure Code [1] . A victim can participate in both pre trial and post trial stages, the relevant sections of CRPC would be mentioned and explained. In […]

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 […]

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 definition of admissible evidence: ” evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a […]

Separation Of Powers Essays