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Judiciary Essay Topics & Paper Examples

The Role of Judiciary in the Political Process

All democracies comprise of three main organs of governance namely the executive, legislative and the judiciary. The political processes of any democracy are operant through the executive and the legislature with the judiciary playing the role of a referee. The constitution of America very clearly defines the role of the Political executive – the President, the legislative roles of the Congress and the judicial roles of the courts. Since the correct operation of the constitution requires adherence to law, involvement of the judiciary is a logical corollary. However, political processes are subject to human dynamics and at times the judiciary has to step in to check the excesses of the system. This process can lead to dissonance between constitutional propriety…

Total Freedom

We are ruled under a government, a government that can be fair on something and harsh on others. What if we did not have a government anymore? What if we were free to do what we want?According to Dictionary.com, government is the form or system of rule by which a state, community, etc., is governed. In other words, it is a powerful system that is representing as a whole over everyone.Government is a very important role in a society it controls the military duties, justice and administration, and education. The duties of the military are very important to the government and society because they keep the nation save. The military has been respected for a long time because they want…

Checks And Balances

When the Framers of the Constitution set out to create a government, they made sure that one of the fundamental principles underlining the government would be the separation of powers. This separation of powers outlines the numerous powers and functions of the government by dividing them into separate independent levels and branches of the federal government. The Founders believed that by creating separate branches of government, it would help limit the powers of the national government and prevent tyranny. Therefore, the legislative branch has power, under the Constitution, to make laws. The executive branch, headed by the President, executes or carries out laws. Last but not least, the Constitution established the Supreme Court to head the judicial branch, which interprets…

Dbq – Crime and Punishment

Law is good. Man, in his needs, has different motivations for law in society. His secular needs require striving for justice, social stability, and punishment. However, in the area of religious influence, law should promote morality so that believers can get close to God or be separated and condemned by God. As man and society evolves, the purpose of law has remained the same – to punish and deter. Faith is a guarantee for happiness. If one lives a proper life of morality then rewards await. According to the Old Testament (1), God desires a harsh but structured code of conduct for man. Man is inherently a selfish and savage creature. Boundaries are necessary in order for society to function…

Pdf Silence! the Court Is in Session – Vijay Tendulkar

Department of Humanities and Social Sciences, JNTUACEP,YSR Kadapa (Dist),Andhra Pradesh, India ABSTRACT A criticism against Indian Judicial system that ‘the failure of modern legal theory and practice lies in its understanding of what it is to be a human being’ can be undoubtedly attributed to the themes of Vijay Tendulkar’s play Silence! The Court Is In Session. The play barbs against existing judicial system at two levels. Firstly, it can be studied as a ‘legal plea’ which demands for emancipation, equality and liberation of women and stresses the need for a social transformation of law, culture, and social patterns which release women’s potential, where the legal curriculum has neglected issues of central concern of women like: rape, domestic violence, reproduction,…

Abolishing the Pork Barrel

On its face, the pork barrel system appears to be a democratic way of apportioning government resources. Inherited from the United States, this scheme is supposed to allocate funds equally to every congressional district to be used for the residents’ most urgent needs. And who know the needs of these congressional communities better than the people they elected to represent them? Legislators’ job. True, the main job of legislators is to enact laws for the common good, not to build roads, school houses and medical clinics, or feed orphans, grant scholarships, or distribute fertilizers. But, so the theory goes, they can—on the side—serve their constituents better by directing government resources to the urgent needs of their communities. Over the decades,…

The Separation of Powers

Introduction Davenport S. & Parker D.’s statement (as above) explores the concept of the ‘separation of powers’ doctrine and how this is embedded within the ‘Commonwealth Constitution’. It also states that Australia is a ‘constitutional democracy’. To address the meaning of this statement it is important to separate the statement into individual questions. What is a constitutional democracy? What is the doctrine of separation of powers? And lastly, what are the three parts that make up the separation of powers doctrine, and how does this operate in Australia? The following essay will provide a brief overview of these questions. Discussion The first part of Davenport S. & Parker D.’s quote, relative to the ‘constitutional democracy’ term refers to the government…

Conflict Between Legislature and Judiciary

The Legislature and the Judiciary: Conflicts The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature, the two of the three pillars of India. The problem between the two bodies dates back to the commencement of the constitution, within one and a half year, the legislature amended the constitution so that certain important judicial decisions could not come into effect. Phiroze K. Irani proposes to deal with the clashes between the legislative and the judiciary from three aspects. First, the judicial approach to the legislation especially in the public welfare field. Focusing the public welfare, sometimes legislature has to pass certain bills and make certain laws which…