This wide coverage renders obvious that the expanded judicial power
goes beyond the present Rules of Court provisions on certiorari; it involves much more and should thus stand on a higher substantive and procedural plane.
3) The separation of judicial power
championed in R v Kirby; Ex parte
1) That legislative and judicial power
are conceptually distinct may seem obvious, but explaining the difference between them is not so easy.
13) According to Yancy, although nothing in the text of the constitution explicitly imposes any justiciability constraints on the exercise of judicial power
, the framers of the constitution would have understood there to be just such a restriction.
Foreign Minister commended the SJC role in preserving the independence of Bahrain's judicial system, overseeing the judicial power
, and protecting human rights in conformity with the latest international standards.
When will someone in a position of judicial power
finally shut this lot down?
Indeed, the Office of Chief Justice itself incorporates and reflects this vesting of the judicial power
of the United States exclusively in collegial institutions--literally in a multiplicity of hands--effectively precluding its unilateral or precipitate exercise by a single person.
After historical background, chapters cover executive power, parliamentary democracy in a plural society, human rights in an authoritarian state, the defense of judicial power
, and religion and the constitution.
From simply being a requirement that legislation must not compromise the institutional integrity of State Supreme Courts, these decisions have associated the Kable principle with 'due process' and 'natural justice' requirements; the need for public perceptions of judicial impartiality and independence; the requirement that non-judicial functions must not be incompatible with the exercise of judicial power
of the Commonwealth; the strict construction of privative clauses and Ex parte hearings to ensure that respondents have a right to be heard and to scrutinise the evidence against them; and, finally, the preservation of the integrity of judicial power
against executive encroachment.
TCL appealed to the High Court arguing that s16(1) of the IA Act is beyond power by requiring an exercise of judicial power
inconsistent with the Ch III of Constitution.
It will also ensure the biggest access to judicial and legal information without violating the principle of judicial power
At the end of the meeting, Atambaev stressed that the reform should establish truly independent, competent and fair judicial corps, single judicial power
and rule of law in Kyrgyzstan.