Power Of The State Organs Essay - 1739 Words

INTRODUCTION A conflict may arise in any legal system regarding the supremacy of state organs i.e. Legislature, Executive and Judiciary which bases itself upon the Doctrine of Separation of Powers. The constitution empowers the legislative bodies {Parliament / state legislative assemblies} in the country to make laws in their respective jurisdictions. However, this power is not absolute but is subject to judicial review. Power of judicial review makes Supreme Court guardian of not only fundamental rights but the constitution itself. However, at the time of enactment of the constitution, the Supreme Court derived its power to review the acts via article 13, article 226 and article 245 mainly. Article 13 declares that any law which contravenes any of the provisions of part –III {Fundamental Rights} shall be null and void. Articles 32 and 226 entrust Supreme Court and High Courts with roles of the protector and guarantor of fundamental rights Article 245 states that the powers of both Parliam ent and State legislatures are subject to the provisions of the constitution. Once the constitution was in force and Supreme Court was established, a long struggle started between Judiciary and Parliament, which ultimately culminated in what is known as Basic Structure Doctrine. The gist of this long struggle is that while parliament went on an amendment spree to achieve its socio-economic and political goals, Supreme Court kept reviewing these amendments and striking down those which wereShow MoreRelatedThe Separation Of Powers Of The United States1403 Words   |  6 Pages SEPARATION OF POWERS Sparsh Mehra* INTRODUCTION The government has three main organs that are legislature, executive and judiciary. The laws are made by legislature. The requirement of these laws is the duty of executive. These laws are connected to particular cases by the judiciary. There is relationship between these 3 organs, i.e. the legislature, executive and the judiciary. These all are deal with the doctrine of Separation of Powers. Constitution of India is responsible for the functioningRead MoreThe Un Was Form After World War II856 Words   |  4 Pagesnation countries to fight the Axis Power. The UN and its system consisted of six main basic organs that operate the system and other subsidiary agencies. The GA, the Secretariat, the International Council and Justice, the EOCSOC, the Security Council and the Trusteeship are the main basic organs that operate the system. The UN also consist a document of constitution, which is called Charter. This document constitution held the responsible of each of the body organ that are operating within the organizationRead MoreOrgan Supply Vs Organ Demand : Ethical Issues That Arise1727 Words   |  7 PagesKirubel Tesema Debra Berry English 102-1417 23 June 2015 Organ Supply vs Organ Demand: Ethical Issues that arise Organ donation has the power to change a life ending incident into a life giving one. Throughout the United States many patients are suffering due to the lack of a vital organ, because there is more demand than supply of organs, many patients die without ever receiving one. Although organ donation saves many lives, there have been questions in regards to ethics that surround it. PeopleRead MoreDoctrine of the Separation of Powers Essay examples999 Words   |  4 PagesDoctrine of the Separation of Powers Although of great antiquity the modern basis for the doctrine of the separation of powers can be traced back to the writings of commentators such as John Locke, who in one of his books written in 1690 observed that the three organs of government must not get in one hand. The doctrine was further examined by the French jurist Montesquieu who based his exposition on the British constitution of the early 18th Century. In simple termsRead MoreCritical Analysis of Good-bye, Montesquieu by Bruce Ackerman1454 Words   |  6 PagesINTRODUCTION:- â€Å"Power must never be trusted without a check†. The French jurist Montesquieu introduced the principle of â€Å"Separation of Power† (also known as Trias Politica) for the first time in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. This doctrine mean the fact that one person or body of persons should not exercise all the three powers of the Government viz. legislative, executive and judiciary. It means that theyRead MoreSeparation Of Powers And The United Kingdom s Constitution Essay1465 Words   |  6 Pagesfocus on and examine the importance of having a separation of powers and the reasons for having same in the United Kingdom’s constitution. We shall further look into the structure of the United Kingdom’s constitution whilst assessing its somewhat unclear separation of powers which exist and assess the reasons why the United Kingdom’s system of government does not adhere to the doctrine of the separation of powers. The separation of powers is defined as the political doctrine of co nstitutional law underRead MorePersuasive Outline-Organ Donation886 Words   |  4 PagesPERSUASIVE SPEECH OUTLINE – ORGAN DONATION Topic:  Organ donation Thesis Statement:  Becoming an organ donor after death is not only an important decision for yourself, but it is also an important decision for the life that you may have the power to save. Purpose:  To persuade my audience to consider becoming organ donors after death    Introduction: 1. Organ donation is a selfless way to give back to others, and to be able to make a huge difference by giving another person a second chanceRead MoreOrgan Transplantation : An Accepted Treatment Option For Managing Patients With Irreversible856 Words   |  4 PagesOrgan transplantation is now an accepted treatment option for managing patients with irreversible failure of any of its organs. The history of the development of transplantation has been from the beginning full of ethical debates they dealt with the mutilation of the body, not less share of experimentation on human beings, even having to redefine the concept of death, giving rise to the concept of brain death . It is undeniable that many patients have benefited thanks to these procedures, increasingRead MoreUnited Nations Security Council And World Bank1598 Words   |  7 Pagesare formed worldwide but it is mostly their mandates that categorically define the role they play. Among the most recognized, organizations that follow under the control of United Nations get an upper hand and it’s particularly made possible by the powers and control these organizations possess. This article attempts to compare and contrast the United Nations Security Council with the World Bank drawing conclusions from their mandate, style of functioning, governance and organizational culture amongRead MoreThe United Nations : The World s Largest Intergovernmental Organization1262 Words   |  6 Pagesintergovernmental organization enables the cooperation of member states on a wide variety of issues. This makes it a major player in the economic, political and security status of the world. Its presence in an Encyclopedia is thus indisputable. If I wrote an article on the United Nations, I would break it down to its membership, structure, role, funding, history, challenges and achievements. I would place photographs of leaders of member states in meetings, its headquarters and pictures of projects being