government who have separate functions to perform and for the sake of smooth and proper exercise of those functions minimum overlap should be insured. Independence of one organ without the interference or adverse effects of other organ is called doctrine of separation of powers that form on of the essentials of Indian Constitution. Judicial Independence is the concept that the judiciary needs to be kept away from the other branches of government. Judiciary is looked upon by the common people of the
The princip3e independence embodies impartiality, non interference with the judicial process, it also requires that judicial proceedings are conducted fairly and rights of the parties are respected . It is the duty of each member state to provide adequate resources to enable the courts sufficiently perform its duties . However judicial autonomy seems not to have taken root in the country, Resting on several occasions thre has been reports of rigorous interferences from the administrative and armed
Independence of Judiciary in India The Judiciary, Executive, and Legislature. These are the three main powers of India. It has been so since the creation of the Constitution of India by the various lawmakers after India had earned Independence. Our Constitution follows the Doctrine of Separation, so that each power gets its freedom and keeps the others in check. The separation is not absolute like in the United States of America. The legislature has a bit more power than the other two heads due to
expressions of Dr. Durga Das Basu- “So far as the courts are concerned, the application of the doctrine (the theory of separation of powers) may involve two propositions: namely, a) that none of the three organs of Government, Legislative Executive and Judicial, can exercise any power which properly belongs to either of the other two b) that legislature cannot delegate its
Remedies of contract define as the innocent party claim any one or more of remedies from another party for the breach of contract. 1. Damages Damages is a remedy for the innocent party claim for the breach of the contract in common law. Damages are granted to an aggrieved party as a compensation for the damages, loss or injury that the party has suffered through a breach of contract. A breach of contract allows the innocent party to acquire damages The purpose of damages is to enable the innocent
The judicial review of administrative acts and actions is an essential principle of rule of law. The State and as such Government in subject to de drort, that is, the state is submitted to the law and all its actions are performed and carried out subject to the
Damages “Damage” means the harm or loss suffered or presumed to be suffered by a person as a result of some wrongful act of another. The sum of money awarded by the court to compensate “damage” is called “damages”. There are two types of damages: compensatory and punitive. Compensatory damages are intended to compensate the injured party for his loss or injury. Punitive damages are awarded to punish a wrongdoer. Damages are also liquidated and unliquidated. Liquidated damages are those in which
The doctrine of separation of powers is a fundamental aspect of Singapore’s Constitution. Discuss. I. Introduction “A constitution establishes a basic institutional pattern which structures the mutual relations of government branches inter se as well as with the community at large.” [1] The doctrine of separation of powers, as opposed to the unity of powers, is intertwined with the concept of checks and balances. It is about placing legislative, executive and judiciary powers in different constitutional
TASK 3(P6, M2, D2) A. Explain the effects of legislation to protect consumer on contract for the sale of goods. The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulate contract in which supplies are bought and sold. The Act consolidates the Sale of Goods Act 1893 and following legislation, which in twist consolidate the previous ordinary law. The Act lays downward a small number of required legal rules, but these limits are least: the size of the Act is concerned
In constitutional democracies, judicial review, in its various versions, is typically considered the main device to ensure compliance to the constitution. In times where judicial review is under hard scrutiny Schauer has offered in different articles several arguments on its behalf. According to Schauer, one of the functions and virtues of law is to settle in an authoritative way what should be done. Written constitutions partly exist because some degree of uniformity in decisions on issues in which