other reasons such as genuine concern for the society, eagerness to learn the judicial process along with helping the society, etc.
One of the major deterrent factors for a person filing PIL is the cost of filing the suit (which includes cost of filing, drafting, and appearance charges of attorneys, etc.). This has been considerably reduced as even the letters addressed to Chief Justices can act as a petition. A person may appear in person in the Court. The procedure for adjudication of PIL is not stringent as in the case of civil suits. Even if a lawyer is necessary, the Court would provide the attorney at the expense of the State.
Therefore, such measure reduces the deterrent factor of cost of filing the PIL to a great extent. Another deterrent
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Locus standi is a concept that evolved from America. The term means standing before the court or file case before the court. This PIL concept is in notion with Locus standi that whole society not standing before court but some social worker or jurist file before court on behalf of public or society, so Locus standi is a concept that evolved from Public Interest Litigation, which is changing their dimension and concept in broad.
The liberalization of the principle of Locus standi make possible for the court to recognize a general interest in any litigant on a matter as sufficient to have Locus standi. So the concept of individual interest, changed to special interest, again to class interest and now to sufficient interest.
There is no special person required to file the case. The traditional rule is that, the rights to move the Supreme Court is only available to those whose Fundamental Rights are infringed. A person, who is not interested in the subject matter of the order, has no Locus standi to invoke the jurisdiction of the
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The court now permits the “public spirited persons to file a writ petition for the enforcement of Constitutional and statutory rights of any other person or a class is unable to invoke the jurisdiction of the High Court due to poverty or any social and economic disability”. The widening of the traditional rule of Locus standi and the invention of Public Interest Litigation by the Supreme Court was a significant phase in the enforcement of Human Rights .
The court has contended that the right of lawyers to be heard on matters affecting the judiciary. This has given the due importance and power to Public Interest Litigation in becoming a potent weapon for the enforcement of “public duties” where executed inaction or misdeed resulted in public inquiry .
While expanding the scope of the “Locus standi”, Justice Bhagwati expressed a note of caution and observed “but we must be careful to see that the member of the public, who approaches the court in the case of this kind, is acting bonafide and not for personal gain or private profit or political motivation or other consideration. The court must not allow its process to be abused by politicians and other.” The Supreme Court has jurisdiction to give an approximate remedy to the aggrieved persons in various
b. If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies.
On the morning of January 8th 1962, the Supreme Court received mail from prisoner 003826 of Florida State Prison, also known as Clarence Earl Gideon. In the envelope contained a hand written letter with questionable grammar from Gideon claiming that he was denied a fair trial due to the absence of a lawyer. Gideon’s writ of certiorari was an in forma pauperis petition or pauper’s petition. Due to the fact that most paupers’ petitions are from inmates who do not have the legal means to properly file a certiorari, the Court had special methods of handling cases such as Gideon’s. Paupers’ petitions according to Justice Frankfurter were “almost unintelligible and certainly do not present a clear statement of issues necessary for our understanding”(Lewis 35). It is reasonable to assume that the Court would not spend an exorbitant amount of time going through mounds of paupers’ petitions trying to find a case that seemed presentable. Statistically, about thirteen percent of petitions for certiorari on the regular docket are paupers’ petitions. In addition, only three percent of paupers’ petitions end up being granted. Nevertheless, Gideon’s case was treated just as equally as any other in forma pauperis case. Gideon’s handwritten documents were held for a month until Florida authorities replied to petition. A month passed by and Gideon’s petition was mailed to the office of Chief Justice Earl Warren in 1962. A conference was held in June to discuss whether or not Gideon’s petition should be granted. Gideon’s case was granted three days after the conference and from that day forward Gideon’s fight for justice would ensue. In the eyes of Gideon, an attorney was a fundamental right of due process. However, his biggest ch...
1. The court stated that they did have power to hear this case: "Since the court has consistently exercised the power to construe and delineate claims arising under express powers, it must follow that the Court has authority to interpret claims with respect to powers alleged to derive from enumerated powers."
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
ruled by a similar group to that of our Supreme Court because, the members of
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
However, the U.S. District Courts are required to handle these two special cases, which are the cases from the Court of International Trade and U.S. Court of Federal Claims. In addition, every district with Federal district courts also has one U.S. bankruptcy court. California Superior Courts, in contract, take care of "appeals of small claims cases and other civil cases worth $25,000 or less and appeals of misdemeanor cases" (Superior Court of California). An example can be found where a citizen violated the state law and was sued by the state government.
There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
Due to the various strands of arguments and its limited scope of application today, the doctrine has vague areas which need to be resolved before codification is possible. The strength of the doctrine lies in the courts ability to award the defence based on the facts of the case and codification would need to achieve this fluidity.
...Judicial appointment eliminates the need for political pressure and allows judges to act as unbiased mediators of political disputes. In contrast, judicial elections would damage the function of state courts to uphold the law, likely be more corrupt than judicial appointment by tainting judicial integrity, and jeopardize procedural impartiality. Thus, judicial appointment is a better alternative where its benefits outweigh the defects.
Oral arguments influence the questions raised by Justices, which signal their concern about the external actors’ preferences in public policy, since not all this issues are presented in amicus briefs (Johnson 30). The purpose for this is for Justices to use discretion when making court decisions, in order to avoid affecting the public policy preference of the executive branch and Congress (Johnson 47). For Justices it is important to make court decisions that would not affect the future policy preference of all external
Indubitably, all human beings are equally entitled human rights without discrimination. It is very important as it is inherent to all human beings and it enables effective functioning of the administration and dispensation of justice. If the authority or respect for law is weakened, then the public will diminish their confidence in the administration of justice. If the courts authority is not adhered to in court administration of legal proceedings, then it reduces the chances for a fair trial for the persons involved in the case. Hence, the courts reserves the right to punish those preside or wilfully interfere with its authority.
The lack of automatic international compulsory jurisdiction renders ICJ inferior. Therefore the argument that referring to this court as the ‘World Court’ implies it is superior; an international equivalent of a national supreme court is null and void. Generally a supreme court is the highest ranking court. Its ruling is not subject to further review and therefore the disputing parties ha...
The Information revolution is changing our daily lives. With the rapid development of computer and internet, online commerce become quite common and plays an important role in the modern world. The online business has booming development in these few years. US online retail sales raised an average of 11% in the first three months of 2009 (“US Online Sales Up,” 2009). The growth of online sales may due to the growing number of consumers who shop online. In the case of Asia, survey reported 77.6% of Internet users have online shopping experiences in 2003 (as cited in To, Liao & Lin, 2007). Online shopping is very different from traditional shopping. Consumers cannot touch and check the product before purchasing it, which means they are at higher risk of fraud than traditional shopping. Consumers also have other concerns such as credit cards security of online shopping. Then questions should be raised: what is the advantage of online shopping? Why people shop online? In following paragraphs, the advantage of online shopping for the consumer and consumer’s motivation to shop online will be reviewed and discussed.