Judicial activism

laws are set by Congress and do not allow judges to impose a sentence lower than what has been established. These sentences served the purpose of diminishing unlimited judge discretion and consequently lead to the limitation and even elimination of judicial discretion in sentencing. For example, an individual caught with or selling 50 grams of crack cocaine will automatically receive a 10-year federal mandatory sentence, regardless if they had no prior convictions or if…

Judicial review is the process under which executive and legislative actions are subject to review by the power of the courts. The courts decide if the law is in compliance with the constitution. The significance of Marbury vs. Madison was the supreme court declared that a law passed by congress was unconstitutional and therefore ruled the law could not be enforced. This case made the supreme court an important player in our history. Some notable examples of judicial review in the supreme court…

What we call judicial review today came about in the case Marbury v. Madison (1803), when Supreme Court Chief Justice John Marshall assumed that power from the legislator. Marbury v Madison made it clear that the Supreme Court had claimed Judicial Supremacy in deciding unconstitutionality. In the book, Taking Away the Constitution From the Courts, author Mark Tushnet argues, “Doing away with judicial review would have one clear effect: It would return all constitutional decision-making to the…

Kingdom. The government of Tony Blair adopted the Constitutional Reform Act 2005 which stated that there should be an institutional separation of the judicial and legislative work of the House of Lords. Article 6 of the Human Rights Act required a ‘’stricter view taken of anything which might undermine the independence or impartiality of a judicial tribunal.’’ In the case of A v SSHD, Lord Bingham underlined the principle of the separation of powers ‘’great weight should be given to the…

1. Define judicial review. Briefly explain who holds this power and how this power was established. What was Chief Justice Marshall’s argument in favor of this doctrine? - Judicial review is the power that the judiciary has to review laws passed by the states, or government regulations that could possibly conflict with the US Constitution. The Supreme Court has the original, and final right, to determine if any states’ law conflict with the Constitution. The Supreme Court also has the right to…

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…

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,…

Over the years internet hacking has become more and more popular for tech savvy users on social media. This coupled with the fact that the tools used for hacking are easily accessible and easy to use create a recipe for disaster, at least for big companies that got in the way of a group known as Anonymous. Anonymous is an internet hacking group or hacktivist group depending on how one would look at it. They are best known for their attacks on the Church of Scientology, Westboro Baptist Church,…