According to Black’s Law, judges that allow this philosophy to guide their decisions find themselves in violation of the constitution and often ignore its precedence. A perfect example of applying strict construction to hearing a case is one such as Marbury vs. Madison in 1801, after President Thomas Jefferson followed after President John Adams. The dispute started when President Adams appointed the “midnight judges” into the district court before he ended office, but did not deliver the commission papers to some of the selected judges –including William Marbury, appointed to the position as justice of the peace in the District of Columbia—that were essential to completing the engagement process. Adams assumed that the new Secretary of State, James Madison would deliver the commission papers necessary for the appointees to begin their duties as the new judges. But Jefferson who feared that the district court would be filled by a horde of Federalist supporters would loose main control of the federal judiciary.
One example is Luther v. Borden (1849). In 1841, Rhode Island was still operating under a form of government established by a royal charter of 1663. A convention was held protesting the charter; a new constitution was drafted and a governor was even elected. The charter government declared martial law to shut down the rebellion. Martin Luther argued that the charter was not “a republican form of government” and all acts thus far are not binding.
The notion of citizenship became prominent with the partition when came the question of identification of Indian citizens at the origination of the constitution, this formed the line between the citizens and the non-citizens/ aliens. Thus in this sense one can also define citizenship as ‘legal belonging and membership.’ Citizenship promises equality without any inequality of culture, caste, gender, ethnicity etc. This is a basic understanding of citizenship which one understands but then one need to analyse further and look into the definition of citizenship that whether it actually fulfils the promises. Anupama Roy mentions about the persisting hierarchies inspite of the citizenship which is to grant equality. There is a bend in the understanding of the term citizenship in the sense that on the one hand where it prevails to bring equality, at the same time
A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power emphasizes that several branches make up the state (Strauss 45). Each of the branches is unique and distinct from the other in terms of its responsibilities. Additionally, it exercises power independently to avoid conflicting with the other branches.
What was he actually found guilty of, and do you agree or disagree? After all of this information was released, the government still refused to exonerate McVay because the U.S. Navy’s judge advocate general stated, “The conclusion reached in that Captain McVay’s court-martial was legally sound.” McVay was found guilty of “hazardizing his ship by failure to zigzag”. I disagree with this conclusion; several sources have made it clear the ship’s fate was sealed
The United States put pressure on the British to avoid creating a communist country. Hesitantly, the British suspended the country’s independence for the time being. The British Guiana became a Cold War battlefield, one in which the United States saw itself responsible to prevent communist takeover. Jagan was seen as very dangerous, especially when he publicly declared himself a Marxist-Leninist in 1961. Therefore, during the 1961 British Guiana elections, Kennedy was determined to deny Jagan power.
As stated in the declaration of independance, King George,throughout his very long reign, exploited his power over the colonies which ultimately caused the colonist to revolt. The Declaration of Independance provides numerous examples of how the King of Great Britain committed "repeated injuries and usurpations". The Declaration states: "He has refused his Assent to Laws, the most wholesome and necessary for the public good." This basically means that King George has refused to pass any laws that were created by the colonist's for the greater good of the colonies. King George didn't allow the colonies to make their own laws, which is an evident sign of him "using" the colonies.
The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock in Dupont V steel (1980), ‘Parliament makes the laws, the judiciary interpret them’. However, judges have the power to change rules or make new rules through precedent or statutory interpretation, as mentioned in R V Sigsworth (1935) by Lord Denning, ‘We fill in the gaps’. The doctrine of precedent is based on the requirement that judges must follow decisions made in earlier cases (stare decisis), and on the face of it would seem to limit their freedom to be creative. First of all, there is the hierarchy of the courts, which means that courts are bound by decisions of other courts higher up in the hierarchy. Although with the use of the 1966 Practise Statement, the Supreme Court is allowed to depart from its own earlier decisions, as for example in Hetherington v British Rail and Shivpuri and also in R V Gemmell and Richards (2003) where the Supreme Court overruled the decision in Caldwell by using the 1966 Practise Statement.
How effectively does the judiciary protect civil liberties in the UK? The UK judiciary has several methods at its disposal that provide an effective protection of civil liberties in the UK. However, in practice there are several shortcomings that make these protections weak in the face of Parliamentary pressure, which will be demonstrated in this essay. In terms of rights protections, perhaps the most important development in the protection of rights in the UK has been the installation of the European Convention on Human Rights into UK law via the Human Rights Act 1998. This act effectively has provided a concrete document that outlines the rights of citizens.
Citizenship in the Caribbean today represents a varied set of relationships between citizens and their governments, and sometimes governments outside the region. Many Caribbean countries are now politically independent, favouring different forms of governance, namely; Independent States, Associated States and Colonial Dependencies. This essay will seek to show politically, the Caribbean and the limitations of using this definition. Firstly, there are three kinds of governmental systems that exist: independent states, associated states and colonial dependencies. Independent States are those former colonies which are now self-governing.