Judicial discretion

many judges from the Suharto era retaining their positions, and party fragmentation has stymied efforts to combat judiciary corruption. If corruption of the judiciary is so widespread as to render irrelevant the use of formal politics to roll back judicial independence, why bother with a political or constitutional crisis when you can just buy a judge when you need a decision? More research may be needed in this area to determine in what ways a corrupt judiciary counteracts the rule of law or…

the authority of government derives from and is limited by a body of fundamental law. There are five main principles that constitutionalism is derived from, those principles are: Separation of Powers/ Checks and Balances, Federalism, Stare Decisis, Judicial Philosophy and finally the Protection for individual rights. Each of these aspects play a key role when dealing with constitutionalism. Throughout the book Toobin shares various perspectives from Supreme Court justices and their beliefs and…

Oxford dictionary defines damages as ³financial compensation for loss or injury´.In law, damages are money claimed by, or ordered to be paid to, a person as compensationfor loss or injury Black 's Law Dictionary.In context of the Indian Contract Act, 1872 damages are referred in context to breach of contract i.e. a party 's failure to perform some contracted-for or agreed-upon act, or his failure tocomply with a duty imposed by law which is owed to another or to society.Breach of contract is a…

Considering the current judicial and political scenario in Brazil, the Judiciary Body became considered a function that allows the people to put their trust in judicial decisions, thereof as being the most effective means of achieving equity in Legal and Social Affairs, thereby providing an expected peace and social justice alluded by the Constitution. Similarly, such institutional development of this function, led the Brazilian Supreme Courts to move forward on certain issues that originally…

The United States government has three branches; legislative, executive, and judicial. The founding fathers created these branches in order to separate power. During our founding, our founding fathers feared a tyrannical government so they put into place a set of checks and balances in order to prevent one from forming. Checks and balances are when one branch of government doesn 't let another get too powerful. There are several examples of this but to put it simply, there is a set amount of…

Constitutional mechanisms of accountability are translated into a statutory framework aimed to ensure the intent of the original Constitution. Under the provisions of law, Congressional limitations within the construct of democracy must oversee rulemaking. The purpose of implanting mechanisms ensures rule makers and administrating agencies are held accountable within the branches of government. The responsibility of preserving legal principles examines the role of the judiciary. Additionally,…

judge must exercise discretion to reach a decision. The third is that a legal obligation exists if and only if a case falls under a set of valid legal rules. Organized under these key tenets, positivism separates the existence of law from morality and argues that a relationship between law and morality is unnecessary. Dworkin, however, finds the positivists’ denial of this relationship to be problematic; in his scrutiny of the second tenet, or the “doctrine of judicial discretion” (Dworkin…

In the early 1970's, a vast number of states transformed their sentencing protocol to new methods that seemed to be more structured as the concerns arose in the criminal justice system (Gregory & Leymon, 2010). Judicial discretion can impact determinate and indeterminate sentences as the power remains among the judge as to the severity of the sentence that will be carried out. "The forms of sentencing sanctions available to judges vary from jurisdiction to jurisdiction, but generally include…

rules in judicial decision making? Compare and contrast the perspectives of formalists, the American Legal Realists and HLA Hart. How do judges apply the law? This question has stimulated many theories about how far legal rules guide a judge when it comes to their foremost job: decision making. Does a judge simply just apply rules to the facts of the case? Of course, “the importance of rules as a basic building block of law can hardly be doubted,” but it is argued that judicial discretion can…

Judicial Tyranny Name: Michael Workman Book Review – CJUS 330 Liberty University May 04, 2015 Judicial Tyranny Judicial tyranny occurs when a judge declares the federal or constitutional laws null and void in the process of his court case decision. Currently the greatest threat to the thriving American democratic space is the supreme powers of the judges over matters with regard to politics, socialism and economic issues. The judicial tyranny is made manifest in the judicial…