Judicial remedies

stand today are rooted in English history. However, following the implementation of the Judicature Act 1908 (NZ) and subsequent legal developments, the views of the New Zealand courts with respect to the intermingling of equitable and common law remedies can be observed to now be markedly…

the United States grant Marbury a remedy? Yes, William Marbury was rightfully commissioned to justice of the peace, but his commission was not sent. Marbury’s rights were violated by law, the United States has to grant Marbury a remedy. Thirdly, does the Supreme Court have the authority to review acts of congress and determine if they are unconstitutional and therefore void? Yes it is the duty of the Supreme Court to determine whether a law or…

B. Jason Is Required to Exhaust Remedies Available To Him Under The IDEA. Despite procedural defects, Jason is still required to exhaust the remedies available to him under the IDEA before bringing a civil claim. Although Jason was not offered the chance to mediate, he was able to file a formal complaint with CW’s IEP team and therefore has to exhaust his administrative remedies before continuing on to civil court. The procedure for a complaint follows that…

from custom and judicial precedent rather than statutes. Federal courts, since the creation of the APA,…

Modern Hindu reformers have been sensitive to the injustices resulting from karma/rebirth presuppositions and the resulting caste practices, as well as being drawn to modern Western ideas of rights and freedoms. He emphasized the need for social service to India’s poor. But retained traditional notions of karma, rebirth, and castes. The results of the study of Hinduism and human rights suggests that a middle way needs to be found between a recognition of plurality and distinctiveness on the one…

individual. The second issue that Morton raises is that there are plenty of legal limits placed on police officers when performing “Investigative detentions and street checks”. However, there is almost no judicial oversight for this type of detention, given that it rarely goes in front of the courts. To remedy the issues with “carding” the Ontario government filed the regulation “O. Reg. 58/16: COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN CIRCUMSTANCES - PROHIBITION AND DUTIES” on March 21,…

such powers put in place by Parliament. Two of the most central means by which the rule of law is enforced are through judicial review and human rights law. Both act as agents of the rule of law by controlling the power of the state and protecting the rights and freedoms of its citizens. Over the course of this I essay I will first establish the procedures and principles of judicial review. I will then argue that the current procedures and principles in place are not entirely effective or…

Ronald Dworkin was a liberalist who believed that there was a correct judicial decision in each case, which is based on principle, not a literalist interpretation of the law. This idea is in direct contradiction to the formalist viewpoint offered by Hart; consequently, Dworkin was focused on the application of the law with the goal of ensuring that a legislatively passed law was indeed a good law. He was also interested in finding the rights of the parties of interest. This is more of a…

Is there any longer need to keep the principle of Locus Standi in the English Law? Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was adopted in Order 53 r.3 (7) and this has now been…

I. Facts Julian Assange is an Australian journalist and publisher. He is the founder and editor of WikiLeaks, a public-interest publication all over the world. On November 2010, Assange was wanted in Sweden for questioning on the charges of rape, sexual molestation, and unlawful coercion . Subsequently, a Swedish public prosecutor took from Stockholm District Court a domestic detention order against Mr Assange. In compliance with the criminal law of Sweden, the detention order is admissible…