The Role Of The Judiciary In South Africa
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The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment. Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair, impartial and independent court therefore the role of the judicial authority is to make sure that disputes of citizens are fairly adhered to and act as citizens protector against the possible excesses of legislative and executive organs. It plays an important role as a guardian protector of the constitution and fundamental rights of the people. People depend on the judiciary to solve the issues of public finance management in hope of bettering the system and reducing corruption by the judiciary making practical examples in a form of punishments to those who have found to be practicing the act of fraud and corruption. Its role is being a justice administrator because it is the authority that gives justice to the people whenever they may approach it , it does however also play the role of a discipliner because it awards punishment to those who after trial are found guilty of violating laws
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As defined in the Meriam Webster Dictionary the words Supreme Court is the highest court of law in a country or U.S. state. Also defined in the Meriam Webster Dictionary is the words judicial review it is a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional. In the Supreme Court case of Texas v. Johnson, Gregory Lee Johnson had burned an American flag. He burned the flag because he was protesting the policies that President Ronald Reagan had enacted.
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There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
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Briefly describe the TWO different roles that courts play in Canada. The two different roles of Canadian courts are to make decisions on disputes and appeals or judicial review. The function of the court systems it to uphold the rule of law, resolve disputes, and test and enforce the laws in a fair and rational way. The court needs to be independent from the other aspects of the government, otherwise the decision can be influenced by the government and not based solely on the law and fact.
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In the year 1803, an ambivalent, undetermined principle lingered within the governing minds. The government and its “justified” Constitution were thought to be fully explained, until a notion occurred that would bring individuals to question the authority and their limit for empowerment. To end his days as president, John Adams named fifty-eight people from his political party to be federal judges, filing positions created by the Judiciary Act of 1800, under the frequently listed Organic Act. His secretary John Marshall delivered and sealed most of the commissions, however seventeen of them had not yet been delivered before Adams’s departure in 1801. On top of that, Thomas Jefferson refused to appoint those seventeen people because they were
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In his book Judicial Tyranny: The New Kings of America, Mark Sutherland has assembled a wonderful cast of Christian attorneys, jurists, political scientists, and clergy who offer a rather perceptive analysis of judicial tyranny and our hope and means of restraining an overactive judiciary. Contributors include James Dobson, former U.S. Attorney General Edward Meese, former Alabama Chief Justice Roy Moore, Don Feder, David Gibbs, Howard Phillips, Rev. Rick Scarborough, Phyllis Schlafly, and Herbert Titus among others. For too long, Congress has been complacent in the face of an overreaching, activist judiciary that has been out-of-step with the will of the great majority of the American people, and the judiciary has overstepped the bounds of
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The Judicial power is bestowed on one Supreme Court and any lower courts which Congress sees the need to establish. Congress decides on the amount of Supreme Court Justices the Supreme Court is comprised of. Supreme Court Judges serve for life, or until they choose to retire. The Judicial branch has power over all cases under the Constitution. The checks of the Judicial branch are included in the Fourteenth and Fifth Amendments in a due process clause which protects the rights of the accused from being encroached upon.
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The Supreme Court is a part of the judicial branch of the United States government. They decide criminal and civil appeal cases that involve federal law. They also make sure that a law that congress or the president proposed is constitutional. There are nine Supreme Court judges. They have made decisions on racial segregation issues all the way to woman’s rights, including voting laws.
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The United States justice system is a complicated system. The justice system is the third branch of the government. This branch holds the responsibility to create and up hold laws. The justice system has a precise order of how things fall into place when a crime has been committed. The process to arrest an individual to the sentencing of that individual takes a bountiful amount of steps and procedures.
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It helps to give punishments that fit the crimes. Which, protect people from government
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The goal of laws and the judicial system is to keep peace, promote general welfare, and to impose penalties on those who commit crimes, and protect the innocent. The judicial system is designed to make fair and equitable decisions on behalf of society in order to achieve those
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The court 's jurisdiction is its authority to hear cases of a particular type. The original jurisdiction is the authority to be the first court to hear a case. The supreme court 's most important work is the Appellate jurisdiction, which is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by a losing party. Nearly all cases that reach the Supreme Court do so after the losing party in lower court asks the court to hear its case. The court issues a Writ of certiorari.
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Justice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
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Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
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Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.
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The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the
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