Judicial discretion

The law relating to domestic enquiry is very vast and varied. It is scattered over number of statues, orders, standing orders and decisions of courts. To understand and appreciate it we have to carefully go through the concepts of rights and obligations and duties, a worker has acquired certain rights and it is the manifestation of these rights, which had culminated into this branch of law. The concept of hire and fire has lost its recognition altogether in the last decades of development and…

‘In truth the judges ought not to blame the draughtsmen overmuch. They ought to blame themselves or their predecessors in their judicial seats.’ Introduction There seem to be two main characters at the start . As such, it is apposite that I briefly outline how the role of draughtsmen and judges interplay in the common law system. Essentially, draughtsmen drafts statutes according to the purpose of parliament and judges interpret the statutes and apply it to the case before them. I will explore…

hardship upon her departure. Reviewing officer, Officer Caden, dismissed the application claiming that there were insufficient humanitarian and compassionate reasons. Simpson J of the Federal Court – Trial Division then dismissed the application for judicial review, but certified a question under s.83(1) of the Immigration Act concerning the extent to which the best interests of a Canadian child need to be taken into account…

they may argue that extending the law of confidence to information about the government would lessen the transparency in the operation of the government to the general public, which is generally not in the interest of the public. However, such judicial discretion led to further development of the law of confidence as well as became “one of the stones of the arch of constitutional practice…

Recent news articles have highlighted the alarming increase of presidential powers. In January 2016, the Supreme Court agreed to take up a case challenging the legitimacy of the executive actions by President Obama on immigration. Earlier this month, House Of Representatives Judiciary Committee established a task force to investigate the expansion in presidential power and executive overreach. The President is granted powers “he can exercise in his own right without formal legislative approval…

Judge: “Am I not to hear the truth?” Objecting Counsel: “No, Your Lordship is to hear the evidence. ” Evidence law is a mixture of principles, rules, guidelines and discretions. Jeremy Bentham legal theorist, stated it thus; ‘The field of evidence is no other than the field of knowledge’. The law of evidence is a critical subject for any lawyer or indeed party to a proceedings, who is concerned with investigation or the conduct of trials. The law of evidence is essentially about, the facts or…

separate families gave the master’s slaves something to lose and provided a reason for slaves to behave and obey him out of fear. On an even more serious note of superior demonstration, laws were created to allow white folk to kill slaves at their own discretion, pleasure, and with total immunity from consequence. On the most fundamental level, this particular law not only separated slaves into inferiority, but also dehumanized them entirely. As the American slave population increased, the fear…

This case study, State v. Selalla (2008), involves Kevin Ballesillo Selalla (Selalla) who was charged in South Dakota on 27 July 2005 for drug possession, drug dealing intent and assuming fake identities intended to mislead law enforcement. Prior to the trial, Selalla claimed having limited knowledge of English and in response, the trial court hired a Spanish/English interpreter to assist Selalla. However, the Public Defender’s office took liberty in hiring another interpreter to facilitate…

discrimination as Article 7 states (UDHR, n.d.). Not only the obvious current protests regarding racial profiling and police brutality, but the obvious acts showing a lack of innocence until proven guilty. Law enforcement in the US, has too much discretion in appointment of criminality. They do not conduct comprehensive investigations before they jump to conclusions. During my first year in Florida, I was pulled over, patted down and had my car searched. You might ask why; the answer is…

of the two, with indeterminate sentencing for nonviolent crimes, and presumptive determinate sentencing for violent ones. Even this, however, will not be a perfect system, as it is difficult to eliminate signs of racial and socioeconomic biases in judicial…