Judicial Process | 1st Year llm law students notes, question and answer PDF скачать в хорошем качестве

Judicial Process | 1st Year llm law students notes, question and answer PDF

Question : Discuss about the Independence of Judiciary and the political nature of judicial process. Question : What is Dharma? "Dharma" is the Indian word meaning morals and ethics. Question : Discuss the John Rawl's theory of Justice in present day context. Question : What is the meaning, scope and extent of Judicial Review of administrative actions by the supreme court of India under various Articles of the Indian constitution? The "independence" of the judiciary and the "political" nature of the judicial process (KesavanandaBharati v. State of Kerala, AIR 1973SC 1461) 1. Supremacy of the Constitution 2. Republican and democratic form of government 3. Secular character of the Constitution 4. Separation of powers between the legislature, executive and the judiciary 5. Federal character of the Constitution The doctrine of Separation of Powers, which was brought into existence todraw upon the boundaries for the functioning of all the three organs of the state The basic need for the independence of the judiciary rests upon the following points: Nature and scope 'Justice as Fairness': John Rawls and His Theory of Justice The First Principle ("basic liberties") holds priority over the Second Principle. "primary goods": wealth and income  rights and liberties opportunities for advancement self-respect In the next and crucial step 1. Why did Rawls use the "veil of ignorance" in his "thought experiment"? 2. Rawls said that "basic liberties can be restricted only for the sake of liberty." Do you agree or disagree? Why? 3. Do you agree or disagree with Rawls' Difference Principle? 1. Does the proposal pass or fail John Rawls' two principles of justice such as fairness? Why? 2. Do you agree or disagree with the proposal? Why? Proposals a. Outlaw burning the U.S. flag as a form of political protest. b. Provide affirmative action in employment for women and racial minorities. c. Provide free health care for everyone. d. Enact a high minimum wage. e. Do away with all inheritance taxes. f. Provide free public education from pre-school to college. Judicial Review from an Indian perspective Objective, nature and Scope In Minerva Mills Ltd. vs Union of India (1) Whether the authority in question has acted in an inordinate manner & (2) Whether such powers have been abused? Illegality Irrationality Procedural Fairness Proportionality