Role of the Judiciary in Democracy

Role of the Judiciary in Democracy In a liberal democratic state, the judiciary has four main responsibilities including formulating the rule of law through the interpretation and application of law to respond with a verdict, settling disputes, checking legality and being a player in state politics. To accomplish these four duties, the basic principles of a liberal democratic state must be upheld along with the principles of a legal democracy and state. The judiciary also has to interpret and apply the law along with the constitution, and to provide impartial adjudications of disputes between the state and individuals, between individuals, and between different levels of government within the state. The reliance on the courts and on judicial means for addressing core moral dilemmas, political controversies and public policy questions is arguably one of the most consequential phenomena of the late twentieth and early twentieth century government. Equipped with newly attained judicial review, national high courts worldwide have been frequently asked to resolve a range of issues, varying from the scope of expression and religious liberties, reproductive and privacy freedoms, equality rights, to public policies pertaining to criminal justice, education, labour, and environmental protection. The increasing political importance of courts has not only become more globally widespread than ever before but it has also extended its scope to become a manifold, multifaceted phenomenon that distends well beyond the now standard concept of judge made policy-making. The basic law of the Irish State is the Constitution of Ireland adopted by referendum in 1937 replacing the Constitution of the Irish Free State (1922). The Constitution is the canopy under which justice is administered and legal rights enforced in courts established by law. The Constitution delineates a separation of powers among the organs of State, executive, legislative and judicial. It guarantees the judicial protection of fundamental rights and also due process in the administrative and judicial spheres. It may be invoked by individuals to challenge the constitutionality of laws passed by the Oireachtas and to seek redress for breach of constitutional rights. Subject to the Constitution the legal system is based on the common law tradition. (1) The judiciaries role in the community is manifested not only in what judges do but also in the way that they do it. This is called the judicial style. There is an evident difference between the style of judges in civil law jurisdictions and the style of judges in common law traditions. In recent times there has been an insistence upon satisfactory accountability of all the institutions within the government, which needs to be reconciled with the principles of independence, has to be addressed and accepted. A lot of the publics money is invested in courts, and the people are entitled to expect that the work of individual judges is done efficiently, as well as fairly, deliver their judgements in a relatively prompt manner and will manage cases with due regard to consideration of economy. To achieve the characteristics of a judiciary, developed democracies have relied on the culture of the judiciary. When judges enter office they swear to uphold the rights of all citizens and the constitution, self integrity, peer pressure, and public scrutiny combine to make judges, at least at the highest level, to abide by their oath. By setting these standards for promotion, they can help harbour the same behaviour in their future peers and at lower levels. The duty of fairness and the principles of natural justice have been established by the courts through judicial review focus on the vital issue whether, in all circumstances, the procedure followed in a particular case was fair. The transparency and open process of decision-making that have been structured through judicial review are one of the safeguards in achieving an acceptable equilibrium between the countrys need for security and the rights and freedoms of its citizens. A multi-dimensional approach is needed to successful ly deal with this challenge. Judges will continue to rely upon the insights and wisdom of the legal community. The input from a variety of disciplines is however also essential. Community and government workers, academics, social scientists and policy makers can assist the judiciary in attaining more complete perspective. There is a need to strive for the intricate and complex balance which will foster the growth and development of rational and sound principles under the new legislation. Legislature also has to recognize that it cannot exert influence over the workings of the court and selection of its personnel since it is a party to many disputes between citizens and their representatives that the judiciary has to resolve. Legislature, for example, has to acknowledge that its purpose is to represent citizens and operate within the structures based on rules defined by the constitution. Representation does not mean unchallenged power. The judiciary protects the citizens should their duly elected representatives in the legislature choose to undertake such actions that violate constitutional rights of anyone in the society. The involvement of other branches of government in workings of the court should be as limited as is possible. In instances where any rule is deemed unsuitable constitution also delineates the process of amending the constitution. The judiciaries role in formulating or applying policy is a subject that has associations extending well beyond judicial review of administrative decisions. When policy formation is thought of as being part of the judicial function it is important that it is comprehensible as to what is being said to be going on, and how the judicial method is related to it, the judicial role and the judicial capacity. While there is a development in common law, as a response to changing needs as well as appropriate pressure for rationalisation, there is an accountability for such development by judges to follow the wisdom of laws in the constitution and proposed change. They accomplish this within the propensities of their own discipline. Another matter worth weighing might be the changing attitude of the legal profession, and others, towards the use of litigation as a technique for achieving political and social objectives. We have long been accustomed to the use of litigation as a weapon in corporate and commercial rivalry, but we are seeing an upsurge in what might be described as the politically and socially aggressive use of litigation. This has also resulted in a change in the character of the work coming before some courts, and has a significant effect on the way in which courts appear to the public to behave. (2) As a democratic society, we have witnessed momentous changes in the relationship between individuals and the state. The judiciary possesses the knowledge and experience to make tremendous contributions to the maintenance and continuing evolution of our democratic society. The role of the courts as resolver of disputes, interpreter of the law and defender of the Constitution, requires that they be completely separate in authority and function from all other participants in the justice system. Bibliography Ejn.net Jca.asn.au/attachments/Gleeson.html

Easy Access For Children on Pornography Sites Essay -- Argumentative P

Easy Access For Children on Pornography Sites You just finished a day's work, have arrived home, unlocked the door, step inside, and just as you are about to yell, "anyone home," you hear hooting and hollering coming from the family room. As you enter the room you see your children and their friends glued to the computer screen, which is covered with explicit images not intended for the eyes of children. According to an article written by P.J.Huffstutter, "Yahoo, MSN Criticized for Offering Easy Access to Pornography," (C1) these two large Internet companies, have made it possible for everyone of all ages to access these adult communities. They require no proof of age, making it far too easy for under-age children to freely view the pornographic pictures and videos of their choice While adults may find leaving a site easy if they are uncomfortable, trying to restrict children from accessing these sites is a different issue. To watch your kids every moment is unrealistic and would not please anyone. According to Net Nanny, "Kids need to learn Internet safety practices and differentiate between right and wrong, because their parents won't always be there." There must be some sort of compromise. We, being responsible adults, need to take charge of what our children are doing when online, since little effort is required to gain entry to pornography sites. I used Microsoft's MSN search facility to look for "porn," and the only warning I received was that I had entered a search term that was likely to return adult content. While that may be more warning than in the past, it still isn't enough to keep children away. Then I was directed to a related link entitled NightSurf, and within two minutes I was presented with images of nudity... ...pornography with such ease, parents are going to have to figure out a way to keep their children off these sites. The only other option is coming home and finding them looking at something they shouldn't. Because some children, given the opportunity, are going to seek out these sites, even if you ask them not to. After all, children will be children. Works Cited Huffstutter, P.J.. "Yahoo, MSN Criticized for Offering Easy Access to Pornography." Los Angeles Times 23 Sept. 2001, sec. C: 1-2. Bruckman, Amy. "Finding One's Own in Cyberspace." Composing Cyberspace. Richard Holeton. United States: McGraw-Hill, 1998. 171-178. SafeSurf. Press Release. "Netscape and SafeSurf Team Up to Protect Children Online." Westlake Village, CA. 17 June. 1998. "Net Nanny 4: Product Description." http://www.netnanny.com/home/net_nanny_4/product_description.asp. 4 Oct. 2001.

Stick Shift vs Automatic

Automatic vs. stick shiftbuying a new car might be a great experience. The question is which one is better, automatic or stick shift? It all depends in what you would prefer and what do you expect from the car. Saving gas, safety and fun are three important reasons to think before making a decision. It’s important that you know your needs are when deciding what type of transmission to get. Do you want a compact car or a larger vehicle? Do you have experience with a stick shift transmission? Will you be driving long distance, road trips, or driving in the city? Do you want to do your own repairs? Why are automatic cars so popular? Since most people drive in the city or in stop and go traffic, automatic cars are more convenient. Even though automatic cars are more expensive and tend to wear down faster. Cars with automatic transmission are a great way to drive around. They do not require much driving skills than stick shift cars. Automatic cars are made comfortable way of driving especially driving in heavy traffic. People who don’t like to drive usually choose an automatic transmission. Automatic transmission require a lot of attention to the engine and keeping up with all of the services such as oil changes, brakes, filters and transmission fluids. Automatic transmission are improving their standards and slowly catching up with to become more fuel efficient. However in some cases vehicles can still be as much as 10% increase in fuel use for an automatic transmission! Overdrive gears can help this problem also. Automatic shifts are not as fun as a stick shift because there not as challenging. On the other hand stick shift transmission saves you hundreds of dollars. Stick shifts are easier to repair and you may be able to do small repairs on your own. Stick shift transmissions have better gas mileage, they also have smaller engines, but they have a lot of power. For example racecar drivers prefer stick shift transmission because it allows them to take control and also the stick shift has more power. Race car drivers use stick shift to take driving to a higher standard. Even though stick shift saves you more money and gives you better gas mileage, if you stayed in the city like New York having a stick shift wouldn’t be your choice. Stick shifts are good for driving over a long stretches are good for road trips, driving in the city with a stick shift causes wear and tear on your clutch. Which sometimes can very expensive to fix, most people say that is just too much work to keep switching gears when you are in stop and go raffic, if you have experience driving a stick shift your transmission can last a lot longer than an automatic transmission. If you are looking for a larger vehicle or an SUV it would be hard to find stick shift switching gears to reduce speed also can save you on break repairs, stick shift transmission require you to be more active with your car and it allows you to pay attention when there is something wrong with your car because you’re not in con trol, so it’s hard for you to pay attention when there is something wrong with your car. How you feel in the car as well as you can handle the car. For a passive driver who is interested in learning how to coordinate the clutch then stick shift has a better handling for you. Stick shift has a lot of different gears and speed which require a stronger set of hands to control the wheel while driving. The automatic has normal handling on the wheel even when going at a faster speed an automatic can drive itself without the need to shift from one gear to another no matter how fast you go. The stick shift transmission requires you to learn to shift between one to five different gears. The transmissions are built differently when comparing an automatic to a stick shift transmission. With a stick shift you have to switch gears while you’re driving. The difference between an automatic or stick shift transmission, both come with different prices. When you are putting on an automatic transmission can range from a few hundred dollars cheaper than a stick shift transmission. Stick shift transmission is preferred for traditional racing. Where quick gear changes are required to exit turns quickly. Automatic transmission could not keep up with a skilled driver using a stick shift automatic transmission are preferred amongst the common drivers because of its ease of use a manual transmission requires coordination between the clutch throttle, and shifting of gears to provide a smooth ride and not damage the transmission. This decision is yours it’s your personal preference on what kind of transmission you would want to drive daily. I prefer driving an automatic car because it is much easier and comfortable for me. I live in a small town and I drive long distance to work and automatic always have been my favorite. I never wanted to learn how to drive a stick shift car even though it saves more on gas. I like to be able to relax when I drive. A stick shift requires too much, you have to switch gears constantly and it’s difficult in lots of traffic. Automatic vs. stick shift it’s your decision cars are made for driving. The choice is yours.

Essay on Adolf Hitler A Strong Dictator and Powerful Man

Adolf Hitler, a strong dictator and powerful man. Adolf was born April 20, 1889 in Braunau am Inn, Austria. Little did anyone know, but this was the beginning of a life that would be taught about for many years to come! This man, Adolf Hitler, would make history books and the name will be remembered throughout everyone’s lives. He was born to father Alois Schickelgruber Hitler, who deceased in 1903 and mother Klara Poelzl, who also deceased in 1907 from cancer. Well, Adolf was never extremely attached to his father at all, in fact he was more delighted to be with his mother. Alois and Adolf would always disagree, while Klara loved Adolf and they always seemed to get along very well! In school Adolf did not achieve eminently, he even†¦show more content†¦Throughout his entire political lifestyle his main goal was to eliminate the Jewish group. Seeing how strong of a man he was, his words got to people. The people of Germany wanted a change and they believed that Adolf Hitler would be their great change. After becoming the official leader he realized had this power he had been wanting, he had this country as his responsibility. He then disregarded the Treaty of Versailles and began to build an extremely large army, five time the permitted amount it should ever be. During all of this time with his winning battles and land expanding everyone seemed to have forgotten all about the terrible concentration camps and the racial laws which were enforced of course against the Jews. He wanted to expand to Poland as well and to avoid any kind of disagreement or friction he signed a Non-aggression pact with The Soviet Union, it was signed August 23, 1939. The Soviet Union was formed Vladimir Lenin in what is now Russia today. After Lenin’s death Joseph Stalin took his place and took over the Soviet Union. During this time the Soviet Union was exceptionally strong and powerful! After signing that pact with Germany that was the agreement to gain friendship and show no aggression towards each other. Seeing that Hitler was looking into expanding his land and killing off all the Jews no one knew if this would last long at all. But it wasn’t longer after the conquest of France andShow MoreRelatedAdolf Hitler : The Dictator Of Germany During World War II868 Words   |  4 Pages Adolf Hitler Adolf Hitler was the dictator of Germany during World War II. He was well adored by many citizens of the country, but he was also behind a horrifying tragedy that took the lives of millions of Jews. He was a very compelling leader which is why so many people followed him blindly. Hitler’s story comes from humble beginnings to becoming one of the most powerful dictators in the world. He used his powers to influence his country and plunge the world into a full on war. 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