Judicial disqualification

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,…

Mr. Kapil Sibal, appearing on behalf of the Mumbai company submitted that clause 3.8 of NIA must be read along with clause 3.2.1(b). He submitted that clause 3.2.1(b) stipulates a disqualification for a company if it is 'controlled' by a person 'convicted' of an offence involving, inter alia, money laundering or terrorist activities. But, clause 3.8 speaks only of 'the company' and its 'Directors on the Board'. It does not use the expression…

government as being formed by three separate functions. Moreover, the political philosopher Montesquieu reached the threshold of a more meaningful explanation of the doctrine by saying that ‘there can be no liberty if the legislative, executive and judicial powers of government were to be exercised by the same person or authority’. In the UK context, the three branches within which the power of the state is exercised are represented by the legislature,…

Guide on How to Prevent a Tyrant All persons have the right to life, liberty, and pursuit of happiness. When these rights are not exercised then people become angry and this causes tyranny. Tyranny is harsh, absolute power in the hands of one individual, like a king or dictator. In the late 1700s our founding fathers were tasked with preventing tyranny within our country. They put in place rules and laws to prevent tyranny. Federalism is power that is divided between state and federal…

hearing cases. These principles have led some people to suggest that Judges are somehow ‘above the law’. Judges are subject to the law in the same way as any other citizen. The Lord Chief Justice or Lord Chancellor may refer a judge to the Office for Judicial Complaints in order to establish whether it would be appropriate to remove them from office in circumstances where they have been found to have committed a criminal…

POLITICAL PURPOSE IN NEW ZEALAND As discussed above, a charitable trust is an irrevocable trust established for charitable purposes, and is thus an exception to the general proposition that trusts for purpose are invalid. It is designed to benefit, ameliorate or uplift mankind mentally, morally or physically. In New Zealand, the matters regarding to charity is governed by Charities Act 2005. Section 5 of the Act explains the meaning of charitable purpose where it includes every charitable…

Essay #2: The Texas Governor and the President Over the years, it has been said that Texas has a very weak governor compared to other states. It has also been said that some people believe that the governor should have more power and that they should be a state 's equivalent to the nation’s president. Here, we will first analyze the differences and similarities between the Texas governor’s power versus the power of the United States president. This will allow us to further discuss whether the…

Lord Hailsham used the term ‘Elective Dictatorship’ in multiple pieces of his works most notably being the Richard Dimbleby lecture in 1976. The dictionary definition of elective dictatorship is ‘a government that is elected but has won so many votes that it can do what it wants.’ This means that although the government has been elected by the people of the country it has enough power within parliament to do what it please and act like a dictatorship. Lord Hailsham himself described elective…

imposing on shadow directors the fiduciary duties owed by de jure directors to avoid abuses in relation to the affairs of the company, protect company’s members and avoid the corporate structure to be used as a device for fraud. Legislations and judicial decisions are evolving with the purpose of clarifying the liability of the shadow directors such that it becomes more difficult to escape liability. However, it could be that while trying to enlighten the situation; it might become more complex…