1. INTRODUCTION
Most social movements in India since the 1970s have actively used the Courts-especially the Supreme Court-as a part of their struggles. This has been possible because of the higher Courts’ activism, especially under the guidance and action of Public Interest Litigation. Through the instrument of Public Interest Litigation, the Court liberated itself from traditional constraints in the legal system so as to reach out ‘to the weaker sections of Indian humanity.
The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every democracy. Either the Court adopts an activist approach or resigns itself to passive role. In a country like India, judges adopt an activist approach to bring about social and economic change and to improve the life conditions of the people and make basic human rights available to them. The Supreme Court has revolved a new doctrine of judicial activism with a view of making basic human rights meaningful and effective for the deprived and exploited sections of humanity.
Judiciary is the third wing of the Government empowered to administer justice to the people of India. The Courts are protectors of an individual’s Fundamental and Legal Rights when they are violated. But in these days, access to Court is also a difficult task
To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems
Anna Hazare is another example of an influential figure in India who has adapted Gandhi`s practice and initiated hunger strike movement in India last year to pressure the government to introduce a stringent Anti-Corruption Bill whereby corruption is deemed as the major problem in current India. The Bill was passed due to pressure initiated by the civil disobedience act which was public and essentially non-violent and received international level of support primarily from Indian and non-Indian citizens within the country and in overseas.14 India as the world largest democracy serves as the testament whereby such civil disobedience act ,provided that it is done in certain measures bear
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
The purpose of the Supreme Court is to review or address cases that involve issues on a federal level or of constitutional law, just as appellate courts hear cases on a state level. Their responsibilities include deciding how to apply the principles of constitutional law to new matters and issues that arise in today’s day to day legal process; they also play the role of the “parent” to lower federal appellate courts when their decisions on legal issues are contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they
Manifesto sees the decision of the supreme court as “clear abuse of judicial power” (1).
In 2013 the Supreme Court of Canada (SCC) struck down the Country’s existing prostitution laws because they violated Section 7 of the Charter of Rights and Freedoms (hereafter referred to as The Charter) as they infringed in a sex workers right to life, liberty and security, specifically because while the act of being a sex worker was not illegal, many of the aspects around it were which was deemed unjust (Perrin, 2014: 6-7). This case is important not only because of the way it effects sex workers, but because when the law was sent back to parliament to be revised the resulting law ended up being far different than the original claimants desires. This case demonstrates one of the ways Parliament and the SCC interact with each other as a
Rehnquist also dissented in Roe v. Wade (1973), in which the majority based a woman's right to an abortion on a constitutional right of privacy that arose not from the terms but from the "penumbras" of the Bill of Rights. He wrote, "To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment."
The Supreme Court is one of the most influential ways in determining whether something is considered to be “constitutional” in many developed countries around the world, including Canada. Within this country, the Supreme Court is the highest Court of Appeal that both territories and provinces can bring court cases to, making it extremely important in the way the country functions (The Supreme Court of Canada, 2016). Within this country, the way the judges are chosen is something that has recently come into consideration under the Trudeau government. The way the Supreme Court is decided could change not only the way decisions are made, but could impact the country overall. Since this is the case, the Prime Minister should be able to determine who the members of the Supreme Court are with help from a committee, so long as all regions of the country are represented and a mandatory retirement age is met.
The judicial branch is a mystery to most citizens. The other two branches of government – the executive and the legislative – rely on communication and interaction with their constituency through campaigning, commenting and pushing for their causes. In contrast, the judiciary is more cloistered and has traditionally held itself away from the people in order to be more neutral and independent of the other two branches of government. As such, the judicial
The Supreme Court’s ruling in Burns is important because the case involves a critical shift in Canada’s approach to extradition in cases involving capital punishment. In “effectively overruling” the decisions in Kindler and Ng, the Burns verdict now means that almost all extraditions from Canada that do not contain assurances that the death penalty will not be imposed violate the principles of fundamental justice. In that respect, “in all but exceptional cases” any exercise of the Minister’s discretion that purports to grant an unconditional extradition in light of a capital sentence is void under s. 7 of the Charter. This ruling now shifts Canada’s approach to death penalty extradition in line with that of most European
The Supreme Court is considered the highest-ranking court the in the United States. It is composed of nine judges referred to as justices. The main purpose of having these justices is so that they can make rulings on cases that the junior court cannot settle. Supreme Court judges make the final decision on whether a law is consistent with the underlying constitution. All Supreme Court justices serve lifetime appointments, which means they serve until they either die or retire. According to the Constitution, as stated in Article II, it 's the president 's job to nominate another Supreme Court justice if the seat is declared vacant. The Senate must then go through the
This paper is going to describe the road from arrest to Supreme Court, and the two ways a
The Supreme Court is responsible for making some of the most important cases that set the tone for society, as it continually ensures that the Constitution remains the law of the land. Many landmark decisions have been made by the court that have impacted society in some of the most significant ways; some of these cases include Marbury v. Madison (1803), Brown v. Board of Education (1954), Miranda v. Arizona (1966), and Roe v. Wade (1973). Key decisions that are being made don’t simply impact the plaintiffs and defendants; rather they continually impact the public and the present and future of these issues that have been decided, setting the tone for the rest of us. These important decisions that have and are being made continue to cause much controversy as not all will be agreed on by the public or even other political figures/branches for that matter. And with the way that the court is organized, specifically with lifetime tenure, it can easily make the decisions look to be immune from public opinion. Yet, at this same time, the court must look at how society operates as well as its norms and values, which are impacted by these decisions. And from that aspect, it doesn’t seem that public preference is completely thrown out the window; it takes the ability of the public to identify these concerns/issues that need to be addressed, as is the case when it comes to public-policy making.
This is a kind of justice which we in India are trying to realize through the process of law and our substantive law is being ,geared to this task."