- 1 What are the problems facing judiciary?
- 2 What are some influences on judicial decisions?
- 3 What influences judicial independence?
- 4 What are the characteristics of judicial power?
- 5 What are the disadvantages of judicial precedent?
- 6 How can we improve judicial system in India?
- 7 What is the legal model of judicial decision-making?
- 8 What is an example of judicial power?
- 9 What do you understand by judicial activism?
- 10 What are the two ideals of judicial independence?
- 11 How do you ensure judicial independence?
- 12 Does the Constitution guarantee judicial independence?
- 13 What are 3 judicial powers?
- 14 What makes the judicial branch powerful?
- 15 What are examples of judicial review?
What are the problems facing judiciary?
Low judges strength and Appointment Problem. The vacancy of judges can also result in the delay of justice. There is a tussle between executive and judiciary over who should be appointing judges rather than how judges should be appointed. There are almost 5000 vacancies in trial courts.
What are some influences on judicial decisions?
5 To Haines, the factors most likely to influence judicial decisions are: (1) “direct influences” which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) “indirect and remote influences” which include: (a) legal and general
What influences judicial independence?
One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests.
What are the characteristics of judicial power?
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
What are the disadvantages of judicial precedent?
Although judicial precedent can ensure that legal matters are predictable and without bias, this system is not without its shortcomings. Judicial precedent offers several disadvantages such as: rigidity, complexity, confusion and injustice.
How can we improve judicial system in India?
Here are a few suggestions for the reformation for the judiciary system in India.
- Improve District Courts.
- Increase judicial capacity.
- Court management.
- Case management.
- Faster trail.
- Merit appointment.
- Better investigation.
What is the legal model of judicial decision-making?
Briefly, the legal model, as its name suggests, holds that judges make decisions based on legal factors such as the intent of the framers of the Constitution and precedent. Alterna- tively, the attitudinal model holds that judges make decisions based on their own attitudes and values.
What is an example of judicial power?
Judicial power can be used in many ways including these examples of judicial power: A judge hears an insurance fraud case. Based on precedent determined in a previous case in another court, the judge finds the defendant guilty. A robbery case is being heard in an appellate court.
What do you understand by judicial activism?
Judicial activism is the exercise of the power of judicial review to set aside government acts. Generally, the phrase is used to identify undesirable exercises of that power, but there is little agreement on which instances are undesirable.
What are the two ideals of judicial independence?
Second, our courts have interpreted the concept of independence as it pertains to the judiciary as comprising two ideals: namely, impartiality and freedom from external (political and financial pressures) interference.
How do you ensure judicial independence?
9 Steps Taken to Ensure Independence of Judiciary
- Separation of Judiciary from the Executive and Legislature:
- Appointment of Judges by the President:
- High Qualifications:
- Long Tenure:
- Security of Service:
- High Salary:
- Prohibition of Practice after Retirement:
- Power to Punish the Contempt of Court:
Does the Constitution guarantee judicial independence?
The U.S. Constitution, for example, protects judicial independence in two ways. First, Article III says that federal judges may hold their positions “during good Behaviour.” In effect, they have lifetime appointments as long as they satisfy the ethical and legal standards of their judicial office.
What are 3 judicial powers?
The duties of the judicial branch include:
- Interpreting state laws;
- Settling legal disputes;
- Punishing violators of the law;
- Hearing civil cases;
- Protecting individual rights granted by the state constitution;
- Determing the guilt or innocence of those accused of violating the criminal laws of the state;
What makes the judicial branch powerful?
The federal courts’ most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. In 1954, the Supreme Court ruled in Brown v.
What are examples of judicial review?
Examples of Judicial Review in Practice Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman’s right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment. The Court’s ruling affected the laws of 46 states.