Judicial discretion

John Marshall’s argument for the ability to have judicial review is considered to be one of, if not the most important documents in judicial history. Marbury vs. Madison was the first important case that was during Marshall’s jurisdiction. The argument that John Marshall has put forth is a worthy one and it should be stated that initially only 11 of the 55 delegates to the Constitutional Convention wanted the ability to have judicial review. Even with this being stated, I agree with John…

definition of ‘a typology of judicial approaches’ the judicial approach carried out by Francis J is “purposive formalist”. This conclusion can be reach as “statues are to be interpreted with a view to implement the purposive scheme and decisions made by the legislature”. In the Charlie Gard case the purposive scheme and decisions of the statues referred to, helped the courts conclude that what needed to be looked at was what was in Charlie’s best interest. This judicial approach “signifies…

Jonathan Simon, Berkeley Law. The law of murder' is perhaps the most significant place in the substantive law of crimes where the practice and purpose of punishment in contemporary society becomes a problem both for legislative drafting and for judicial interpretation of the law. The law of murder is, in fact, an important device within the substantive law of crime through which the overall scale and severity of punishment can be adjusted. For more than 500 years the primary problem punishment…

According to the Constitution, crown is the repository of the whole administrative authority. Constitution prescribes vast powers of the crown. Two main sources of powers of the crown are as follows: • Prerogatives According to Dicey, Prerogatives of the crown signify those powers which have not been taken away from the monarch during the process of decline in his powers. There was a time when the whole governmental authority belonged to the monarch before the recognition of “principle of…

post-birth adoption procedure in Gestational Surrogacy instances. However, this was until 2014 when a court issued a pre-birth parentage order to heterosexually married couples using their individual sperm and egg. Since the court is located in the judicial district of Alaska covering Anchorage as well as an enormous majority of the state’s population, Alaska’s attorneys are highly optimistic to issue more pre-birth parentage sanctions. So one may ask who is legible for a court order in case…

constitutional questions. Further, the authority of the Courts to review the actions of the executive and legislative branches is termed judicial review. Notwithstanding, the Courts are very much reserved in terms of dealing with Congress. More particularly, the landmark case Marbury v. Madison (U.S. Supreme Court, 1803), essentially formed the basis for judicial review under Article III of the Constitution. In Marbury, William Marbury petitioned the Supreme Court to require the newly…

The judicial systems of various countries operate in such a manner where the fundamental belief of justice is carried out based on the code of law. Since every country is governed by its own set of laws and rules, due process for such criminal acts will not have the same punishment or consequences like those here in the United States. As such, the country of Australia will be analyzed in order to understand how the judicial system and the application of criminal responsibility work. The…

consideration and studies support this idea. There are also circumstances in which multiple extra-legal variables are used together that lead to discretion in sentencing. While judges do consider legal variables as well, it is the non-legally relevant variables that are causing an issue. Prior to the 1980’s, judges had a significant amount of discretion available. However, in 1984, the federal sentencing guidelines came about. Under these guidelines, judges could not consider any factors other…

The retributive type of sentence is often referred to as “Just Dessert.” Unlike an imposed rehabilitation based sentence, a judge may not way his/her sentencing decision on information gathering in a PSI report. This type of sentence reduces judicial discretion and is specific to the crime committed without taking into consideration of the individual…

the adult system if it meets the constraints of a waiver. There are three different types of waivers that can be placed on a case, a prosecutorial, a legislative (or statutory) or, a judicial waiver (Hudson Should not be treated as adults #). The most common waiver that is put in place is a judicial waiver. A judicial waiver is enacted when the juvenile court judge decides if the…