...Contents Concept of Natural Justice ................................................................................................... 1 Definition ......................................................................................................................... 1 History of the growth of Natural Justice .......................................................................... 2 Two Rules of Natural Justice .............................................................................................. 3 Right to a Fair Hearing ..................................................................................................... 3 At a Glance ................................................................................................................... 3 Scope of Fair Hearing ................................................................................................... 5 Aspects of a fair hearing ............................................................................................... 6 Rule Against Bias ........................................................................................................... 12 At a Glance ................................................................................................................. 12 Scope of the Rule against Bias ................................................................................... 12 Forms of bias .........................................................................................
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...theory of Coke in his classic work. The Law and Constitution published in the year 1885. Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power...
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...constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making laws is to maintain law and order in society, a peaceful environment for the progress of the people. In true and real sense there is no rule of law in Bangladesh today. Law in Bangladesh follows a course of selective and discretionary application....
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...chambers come to agreement and send the bill back to the two chambers for a vote. The bill, if not approved, dies. If the chambers approve it, then it goes to the President to sign. If the President vetoes the bill, congress can override it if they have a two-thirds majority in both the House and in the Senate [ (Teitelbaum & Wilensky, 2007, pp. 13-18) ]. 1. B. What is the difference between mandatory and discretionary spending? “Mandatory spending programs are those where the federal government is obligated to provide funds for an expense” [ (Fay, 2008) ]. The allocation of this money is based on existing laws. Congress does not have to vote to approve spending the money each year, it will happen automatically. There are several examples of mandatory spending. These include entitlement programs such as the Medicaid and Medicare programs. Entitlement programs are established by laws and congress must set aside money to fund them each year. Another example of mandatory spending is the interest on the national debt [ (Teitelbaum & Wilensky, 2007, p. 18) ]. “Discretionary spending refers to the portion of federal government spending...
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...and officials to act on their own considered judgement and conscience in certain situations; and each area of the legal system (judges, parliament and law enforcement) has its own discretion. Police discretion is the ability granted by the legal system to police offices, in certain situations, to act in a manner that allows authorities to make responsible decisions and individual choices or judgments, within certain legal bounds. In law enforcement, discretion is left up to each individual officer to make reasonable and responsible decisions out in the field everyday (Beech, 2008). Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation. There are also times when the officer has no choice but to use specific discretion in certain situations and make a decision on what type of force is necessary for certain situations (Elicker, 2007). Society believes that an officer can make any choice he or she chooses at anytime while on the job, which is highly incorrect as there are many situations when an officer has no choice but to follow the law. For the most part every officer has a choice when to use or not to use discretion, and enforce the law, but allowing this choice to be made by individuals, who may seem like an average member of society, can pose a real threat regarding the misuse of such power (Delattre, 2006). Police discretion though it relates to decisions about whether or not a chargeof the police officer in that...
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...decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case. Appellate court judges, then, often review decisions made by trial court judges. (Meyer & Grant 2003) It is important to note that different judges may be involved at different decision points. In fact, judges from a variety of levels may be involved in the same case as it progresses through the justice system. Even in felony cases, a lower court justice might set bail or preside over the preliminary hearing. After the preliminary hearing, the case would be transferred to the felony level courts, where a different judge may hear pre-trial motions and preside over the trial. Then, if the case is appealed, appellate level judges would become involved. If the appeal involves a constitutional issue, a federal appellate judge or panel of federal appellate judges may hear the appeal. (Meyer & Grant 2003) In addition, appellate court judges in twenty-three states are elected in popular elections. In eight states, this occurs through partisan elections where the candidates are identified by political party, and in fourteen states through nonpartisan elections where the candidates do not mention their party affiliation. In the remaining state South Carolina, appellate court judges are elected by the legislature rather than in popular elections....
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...The practice involves three main parties, the prosecutor, the crafter of the deal, the judge the decider of the deal, and the defendant, the proponent or opponent of the deal. All have major decision making powers in the negotiations but it all comes down to the acceptance or reject ruling from the judge. Like any process, it has its positives and negatives. Proponents ultimately argue it benefits by time and money saving aspects while opponents point out the process’s ease in putting an innocent person in prison for a crime he or she did not commit and the swiftness in letting a murder or rapist off with a lesser offense that they truly did not commit. The opponents essentially point out that any of the four routes of the deal previously noted all lead to one gift to the criminal, a lesser sentence. They continue by stating that with lesser sentences the offenders are able to commit crimes again just like the Timmendequas Case. As a common practice in the United States criminal justice system, plea bargaining is at the top of informal justice and many reform efforts aim to formalize the process and cut the discretionary decision...
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...of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility that economics and commercials actors need in order to conduct their businesses. On the other hand, parties can agree on competence of jurisdiction. Indeed, this competence will be determined by their choice. For practical reasons,...
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...constitution is fully aware of its meanings and stipulations. This clarity makes it easier for the judges who oversee the passing of new laws. A process called judicial review sees judges voting on whether new laws are constitutional or not. This protects the constitution from any new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority. This separation of different components of law can slow down the judicial process. Entrenchment Entrenchment is the word used to describe the way in which a codified constitution is protected from those who would change it. Special procedures are required to amend a codified constitution, and this usually requires a 'super majority' before any such amendment is passed. This protects the fundamental principles of the constitution, for example the right to a trial before a jury that is enshrined in the bill of rights. This provides a separation of powers, limiting the amount of damage one democratic party can do to another when they gain power. Checks and Balances Countries without a codified constitution -- the UK for example -- have been criticised for the amount of discretionary power afforded to their ruling party and even their individual prime ministers under their current...
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...G34/3399/2014 | | WANJALA GILBERT MASINDE | G34/1417/2010 | | MURIMI MARTIN MUCHIRI | G34/3255/2014 | | Question 2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity. Discretion can also be defined as powers granted to an administrator to make a decision with the highest...
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...Author Bio Gemma Halliday is a teaching assistant in the School of Law Enforcement and Justice Administration at Western Illinois University, where she has commenced study on a Master of Science in Kinesiology and exercise science. She holds a Bachelor of Social Science (Criminology) from Bond University Australia, where she was awarded undergraduate outstanding academic achievement. She is a recent graduate of Western Illinois University with a Master of Arts in Law Enforcement and Justice Administration, and was made a member of both Phi Kappa Phi and Golden Key International Honor Societies. Ms. Halliday has worked with and studied criminal justice issues in Australia, the United States, and the United Kingdom. Her current research interests include transnational sex and drug trafficking, and police fitness testing and standards. LEJA 518 - Issues paper: Police discretion. Gemma L. Halliday Western Illinois University “Enforcing the law without fear or favor” (Goldstein, 1963, p. 141). The very nature of police work is extremely complex in today’s society. Police officers play an important role comprising of many different tasks concerning; actually enforcing the criminal law, performing order maintenance and other miscellaneous services. It is through these duties and services that police are constantly intersecting and interacting with the community on a daily basis. Thus,...
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...charges selecting a jury or drawing up a will. Public law is concerned with the structure of government , the duties and powers of officials and the relationship between the individual and the state. It included such subjects as constitutional law and administrative law regulation of public utilities criminal law and procedure. Private law is concerned with both substantive and procedural rules governing relationships between individuals, examples like contracts property wills marriage divorce or adoption. Civil law like private law consists of a body of rules procedures intended to govern the conduct of individuals in their relationships with others. Torts are private wrongs which the injured individual may seek redress in the courts for the harm he or she experienced. Violations of civil statutes. Criminal law is concerned with the definition of crime and the prosecution and penal treatment of offenders. A crime is a public law, as opposed to an individual or private wrong. Law in Canada may be further divided into the following branches: constitutional law, case law, statutory law, administrative law, and royal prerogative. Constitutional law is a branch of public law. it determines the political organization of the state and it powers while also setting certain substantive and procedural limitations on governing law. Case law is enacted by judges in cases that are decided in the appellate courts. Statutory law is legislated law; legislation passed by elected officials...
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...Chapter Two The Court Systems Federal Judges Serve during g ood behavior May be removed if Congress impeaches them for treason, bribery, or other high crimes and misdemeanors (vague definition) House of Representatives State Judges Chosen by a variety of methods Generally serve for a fixed term Judicial Immunity Absolute, even when the judge acts maliciously Organization of the Court Systems Original Jurisdiction Appellate Jurisdiction Davis v. West Issue: HRS sued Davis for an unpaid bill and received a default judgment. Radoff was appointed as the receiver and sent a letter to the defendant’s bank demanding payment, which was received. Davis sued Radoff for abuse of process. Is Radoff protected by derived judicial immunity? Rule: Derived judicial immunity attaches to the delegation, appointment or court employment of a person acting in such capacity. Test: Is the person seeking immunity intimately associated with the judicial process and does that person exercise discretionary judgment comparable to that of the judge? Application: A court-appointed receiver acts as an arm of the court and is immune from liability for actions grounded in his conduct as a receiver. Conclusion: The trial court properly granted summary judgment on Radoff’s motion for summary judgment. Appellate courts are concerned with correcting errors in the application of the law or procedures The Federal Courts ...
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...contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they involve federal or constitutional matters, making them the highest court of law. The Supreme Court is made up of nine judges or justices of the peace that are appointed by the President of the United States and the advice of the senate, their titles include one chief and eight associates that serve a life term. By law there are no particular requirements, educational experience or background, or law degrees necessary to become a Supreme Court judge, but because the advice of senate is used by the President of the United States to select the justices their experience and background is taken into consideration. These nine justices makeup what is considered a full court, however it only takes six justices to makeup a lawful bench and in some circumstances it only requires one member of the justices to be present advocating the role of a circuit judge. (Merriam-Webster's Dictionary of Law, 1996) The Supreme Court is at the head of federal couts and makes the final decision when dealing with the federal judiciary process and is stuctured to hear cases in three ways, original jurisdiction, appeals from circuit courts, and appeals from...
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...Unit 3: Theory and Practice in Courts Stacey Pedroza CRJS300-1203A-04: Proseminar in Criminal Justice Professor Samantha Carlo AIU Online University June 24, 2012 Theory and Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations. Dual Court System The United States has a dual court system, comprised of the State Courts and the Federal Court Systems. Within both the State and Federal court systems there are several levels of jurisdictions. The state courts have trial courts where there is specific jurisdiction and courts of general jurisdiction, then the appellate courts and finally the state supreme court. The federal court system is similar to the state courts in that there are trial courts, courts of appeals and finally the highest court in the nation is the Supreme Court of the United States. Another piece of the federal court system is the Military trial courts, the Military appellate courts and then they will also report to the Supreme Court of the United States. Why does the U.S. have a Dual...
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