Procedural law

and often stopped in to watch hearings and bench trials. As Political Science and Philosophy of Law student, I had read about the workings of the American justice system, but I had never actually seen it up close. In many ways, it was exactly as I expected: I knew who played which roles in the proceedings, I understood most of the legal terms, and I had usually read the facts of the case and procedural history on PACER before the hearing. One thing I did not know to expect, however, was the…

discourse 1 Habermas versus Weber on legitimacy and the moral dimension of law In any legal theory the relation between law and morality is problematic. Reflecting on this link is relevant to the issue of the legitimacy of law. The ’classical’ and still predominant view on the legitimacy of law is that of Weber (1956). His concept of formal rationality of law presupposes a strict separation of law from morality. According to Weber, law derives its legitimacy not from morality, but from its…

judicial review came up in this chapter which is an important part of our government. Judicial review was the power the courts had to check the constitutionality of a law that is being passed. Marbury v Madison established…

able to give orders and dismantle laws that are deemed unconstitutional. The belief that courts have the function as policy makers is predominantly seen within the history of the Supreme Court. The Supreme Court is able to be involved in policy making by exercising judicial review. Through judicial review, courts are able to strike down on policies made by elected officials or legislatures. The Supreme Court’s ability to do this can lead to the reshaping of laws and social change within the…

remove her jewelry, shoes, and eyeglasses and was instructed to empty her pockets as well. She was placed in an empty jail cell by police where she remained for about an hour. Procedural History: Atwater stood in front of a magistrate and was allowed to be released on bond. She was charged with violating the seatbelt law in Lago Vista, Texas. She paid a $50 fine and pleaded no contest to the seatbelt misdemeanors. Atwater and her husband filed a suit claiming that the actions committed by…

Explain. Since, adjudication varies in “subject matter, procedural due process requirements, and role in agency policymaking” the subject of receiving fair due process is a challenge. Nevertheless, agencies should strive towards providing due process. One way to do so is to require agencies to assess their adjudication…

Lon L. Fuller’s purpose in “The Problem of The Grudge Informer” is to show his readers the various relations between the nature of law and morality. In his article, he tells his readers to hypothetically imagine that they have been elected Minister of Justice for their country. He makes his readers imagine a perfect country that then has been ruined by a political party or society that called themselves the Purple Shirts. The way they were elected was by giving false promises and by intimidation…

We could divert our energies to the think about the relationship between citizens and constitutions, to the means of realizing democracy at the level of the fundamental laws, instead of focusing our attention on who should have the final word about the meaning of a constitutional provision. This, of course, does raise the stakes, constitutional theorists are no longer supposed to decide which of two more or less predictive…

The aim of rule of law is to ensure that public officials and authorities exercise the powers conferred on them in accordance with the law, without exceeding the constitutional limits of 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…

Unfortunately, Iraq has not been as successful as Canada in developing their criminal justice system. Iraq shares some of the same ideas as Western criminal law such as; right to a fair trial, right to an attorney and a right to be proven innocent until guilty (Canadian Charter of Rights and Freedoms, 1982, s 10-11). Although the systems are alike Iraq has procedural issues like, longer wait times for trials and many accusations of coercion for confessions (Council on foreign affairs, 2008).…