Procedural law

Tadros Bebawy 1- Procedural guarantees and substantive guarantees are two important concepts I learned this week. Actually it is the first time to see these concepts. I learned that both of them are so important in any democrat country. Procedural guarantee is important because it ensures equal rules and process to all the people and this mean equal opportunities, rights, and equal benefits. The procedural guarantee’s role ends at ensuring fail process and then it depend on the person himself to…

Constitution’s procedural rights are defined by the Fourth, Fifth and Sixth Amendment of the Bill of Rights. These Amendments only reflect a portion of the Constitution’s Bill of Rights however, they are important to the Criminal Justice System because they outline a standard procedure that the government must follow during the entire course of any criminal case. In doing so, both the innocent and guilty are protected from any indiscriminate or arbitrary misuse of the law from the courts, law…

This means that U.S. citizens are protected from laws that are too vague or unclear for an ordinary person to understand. Laws may be written in a fashion that doesn't make sense and a person cannot decide if a conduct is expressly prohibited, or a punishment can be given if they carry out the conduct. If this is true, the court can rule a law to be “void for vagueness”. This law ensures that ignorance cannot be used as a defense. Also, substantive due process is…

legitimacy has brought a crisis not only in the United States but in other countries as well. It must be stated that the issue can be juxtaposed with the issue of deterrence from criminal activity. If at all police, as law enforcers, have the leeway of arresting and prosecuting law offenders, why is that they decide to kill their offenders? The discussion in the website strongly features minority populations as victims of extrajudicial killings in the USA (Henry & Franklin, 2017). The latest…

I have been asked to assess the procedural grounds on which Andrea and Billie could challenge the Minister’s decision. Procedural Impropriety: Every case comes with fair hearing rights. The nature of this decision is a typical permitting process. The Minister makes the decision, and it is not a high policy decision. In Daganayasi it is stated that administrative decisions omit certain rights due to efficiency. It should be noted that Andrea and Billie have saved up and mortgaged their house…

5) In essence regarding the case of re Gault 387 U.S. 1 (1967) a 15 year old boy made some poor decision to make prank phone calls to his neighbor, Mrs. Cook. A complaint was filed and soon after the teenager was arrested. No one informed Gaults parents of the arrest. Gault was on probation at the time these phone calls were made for being present while another boy stole a lady’s purse. The probation officer identified the charge as being a lewd phone call. If this Gault were an adult it…

responsibility and right by regulations and laws with negotiation and bargain. Moreover, we should control the information which can be obtained by bureaucrats, since their decisions are based on information. Additionally, warning bureaucrats in advance about the consequence of deviation is essential in administrative structure and process. Legislation has…

According to Aristotle “Rule of law is better than rule of any man”. The rule of law is fundamental to a well-functioning society. It ensures fairness in society and formal equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials…

Americans with Disabilities Act (ADA) of 1990 are two main federal legislative acts that are intended to protect the civil rights of individuals with disabilities. The intent of these two laws is to avoid any form of discrimination against individuals with disabilities who are otherwise competent. Even though these two laws are similar they have multiple differences among them. Section 504 of the Rehabilitation Act requires any agency, school or institution receiving federal financial…

she was ordered deported. She asked to be exempt from the law based upon other circumstances. This case will be analyzed from the theoretical perspective of a legal positivist; conclusions will be made by viewing the case through this perspective. This perspective essentially sees law as being independent of the state and existing on its own terms. To be more specific, it is a way of thinking that posits no necessary connection between law and extra-legal disciplines such as morality, politics…