Search results
Results from the WOW.Com Content Network
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
The Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial. This came about because the delegates saw the need to structure the government in such a way to prevent the imposition of tyranny by either majority or minority.
The Bench held that the separation of powers is an element of the Constitution protected by the Basic Structure Doctrine, where judicial review is one of the checks and balances in the separation of powers. [1] [3] [15] A five-judge Bench of the Supreme Court affirmed and further clarified the Basic Structure Doctrine in Indira Nehru
There was a struggle to establish judicial independence in colonial Australia, [27] but by 1901 it was entrenched in the Australian constitution, including the separation of judicial power such that the High Court of Australia held in 2004 that all courts capable of exercising federal judicial power must be, and must appear to be, independent ...
Main page; Contents; Current events; Random article; About Wikipedia; Contact us; Help; Learn to edit; Community portal; Recent changes; Upload file