#Judicial Review

[judiciaryexampreparation]

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[xkcdbracket]

Supreme Court Bracket

Remember that this is a silly Tumblr poll, and these two things are not actually in conflict. So don't get too heated in the notes.

Judicial Review. The case Marbury v. Madison declared a provision of the Judiciary Act of 1789 unconstitutional, thus preventing several late-term appointments by outgoing President John Adams from being seated under incoming President Thomas Jefferson. More importantly, the ruling established the principle of judicial review by which the Supreme Court can overturn, on the basis of unconstitutionality, laws passed by Congress and signed into law by the President. For this reason it is considered the single most important decision in American constitutional law.

Pre-Publication Censorship is Unconstitutional. The case Near v. Minnesota is a landmark United States Supreme Court decision that found that prior restraints on publication violate freedom of the press as protected under the First Amendment to the United States Constitution, a principle that was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of ''malicious'' or ''scandalous'' newspapers violated the First Amendment to the United States Constitution.

[head-post]

Mexico’s controversial judicial reform signed by López Obrador

President Andrés Manuel López Obrador announced on Sunday that he signed into law controversial judicial reforms that will make Mexico the only country in the world where all judges are elected by popular vote, Mexican media reported.

The outgoing leftist leader signed the decree in a video posted on social media, calling it a “historic day.”

He was accompanied by President-elect Claudia Sheinbaum, his close associate who will succeed him on October 1 after winning the election in June.

López Obrador has pushed hard for constitutional changes, criticising the current judiciary as “rotten,” corrupt and serving the interests of the political and economic elite.

Opponents and legal experts fear elected judges could become more vulnerable to pressure from criminals in a country where powerful drug cartels regularly use bribes and intimidation to influence officials.

Lawmakers were forced to suspend debate on the law and move elsewhere after protesters stormed the Senate last week.

As well as exacerbating tensions at home, the judicial reforms have caused diplomatic tensions with close trading partners – the US and Canada – and upset investors. Opponents say the reforms will undermine democratic checks and balances.

The US, Mexico’s main trading partner, has warned that the reforms would jeopardise relations that depend on investor confidence in the Mexican legal system.

In August, US Ambassador Ken Salazar also said the changes could pose a “serious risk” to Mexican democracy and would allow criminals to use “politically motivated and inexperienced judges.”

Read more HERE

[seemabhatnagar]

"Supreme Court Overturns Premature Bail in Murder Conspiracy Case, Emphasizes Witness Testimonies"

In a #criminalcase, #keywitnesses #play a #crucialrole in the judicial process as they provide #vitaltestimony that can #significantly #influence the #outcome of the #trial. Vibhuti Kumar Singh v Pritesh Kumar & Anr Crl. Appeal 5719/2024 Before the Supreme Court of India Heard by Hon'ble Mr. Justice Surya Kant J & Hon'ble Mr. Justice Ujjal Bhuyan J

The #SupremeCourt #setaside the #PatnaHighCourt's #order granting #bail to Pritesh Kumar. The Court directed Pritesh to #surrender within two weeks. It also instructed the #TrialCourt to #expedite the trial by recording the #statements of#keywitnesses within four months. After these depositions, Pritesh would be at liberty to apply for bail again, which should be considered on its merits. The Court emphasized the need of thorough examination of the evidence before making a decision on bail in cases like murder. Background: Chandan Kumar Singh was allegedly #murdered by his #wife, Nisha Kumari, and her #lover, Pritesh Kumar. Chandan’s cousin, Vibhuti Kumar Singh, filed an FIR against them, accusing them of 3conspiracy after Chandan discovered their affair. On October 27, 2023, Chandan was attacked in his bedroom with a knife, resulting in his #death #onthespot and Pritesh was seen #fleeing #fromthescene half naked. Pritesh was arrested on December 4, 2023, but granted bail on March 14, 2024 within three months of his arrest, on the ground of the time already spent in custody. Issue before the Apex Court Whether the High Court's decision to grant bail to Pritesh Kumar, the accused in a murder case, was justified given the gravity of the allegations and the stage of the trial? Observation of the Apex Court The #HighCourt should have #waited for the #deposition of #keywitnesses, especially those who claimed to have seen Pritesh at the scene of the crime or were aware of the alleged extra-marital relationship. The Court noted that these depositions could provide #crucialinsights into the #culpability of the #accused. The Court also remarked that the High Court's decision to grant bail was #premature, given the early stage of the trial and the importance of the testimonies yet to be recorded. Seema Bhatnagar

[lexlawuk]

UK Visit Visa Refusals

Experiencing a refusal for a UK Visit Visa can be disheartening, especially after investing significant time and resources in the application process. However, understanding the reasons behind visit visa refusals can help applicants take appropriate steps moving forward. In such cases, it is highly advisable to instruct our expert immigration team at our specialist London law firm. We offer…

[kazifatagar]

New: Najib loses legal bid to serve sentence under house arrest now

A Malaysian court dismissed former Prime Minister Najib Razak’s bid to serve his remaining prison sentence under house arrest. Najib’s judicial review application sought to compel the government to confirm and execute an alleged “addendum order” from the former king, which purportedly accompanied a pardons board decision to halve his 12-year sentence for graft in the 1MDB scandal. Read More LM…

[madurapost]

Judicial Review Syarat Calon Independen, Tiga Pemuda Madura Tantang UU Pilkada di MK

JAKARTA, MaduraPost – Tiga pemuda asal Madura, Ahmad Farisi (Sumenep), A. Fahrur Razy (Sumenep), dan Abdul Hakim (Bangkalan), mengajukan judicial review ke Mahkamah Konstitusi (MK) terkait syarat calon kepala daerah independen/jalur perseorangan. Mereka memohon agar MK membatalkan Pasal 41 ayat (1) huruf a, b, c, d, e dan ayat (2) huruf a, b, c, d, e UU No 10 Tahun 2016 Tentang Pilkada, yang…

[kesarijournal]

Understanding Chevron Deference and Its Overturning by SCOTUS

What is Chevron Deference?Chevron Deference originated from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This legal doctrine mandated that courts defer to a federal agency’s interpretation of ambiguous statutes that the agency administers. The rationale was that agencies possess expertise in their specific fields and thus should be trusted to…

[judiciaryexampreparation]

View this post on Instagram

A post shared by Ambition Law Institute (@ambition_law_institute)

[xkcdbracket]

Supreme Court Bracket

Remember that this is a silly Tumblr poll, and these two things are not actually in conflict. So don't get too heated in the notes.

Judicial Review. The case Marbury v. Madison declared a provision of the Judiciary Act of 1789 unconstitutional, thus preventing several late-term appointments by outgoing President John Adams from being seated under incoming President Thomas Jefferson. More importantly, the ruling established the principle of judicial review by which the Supreme Court can overturn, on the basis of unconstitutionality, laws passed by Congress and signed into law by the President. For this reason it is considered the single most important decision in American constitutional law.

Bank of the United States. The case McCulloch v. Maryland established a broad interpretation of the ''necessary and proper'' clause, specifically finding that Congress could incorporate a Bank of the United States because the purpose was to help carry out Congress' explicit powers under Article I, section 8.

[if-you-fan-a-fire]

"REPORT IS SOUGHT ON BOY'S SENTENCE," Toronto Globe. September 30, 1933. Page 1. --- Attorney-General Asks for Particulars in Windsor Case ---- "I have asked for a full report in the matter," said Hon. W. H. Price, Attorney-General, in a statement to the press yesterday afternoon with reference to a sentence of two years at Collins Bay passed on Thursday by Magistrate Smith (Windsor) on the 15-year-old boy who had been found guilty of holding up Captain Charles Wray of the London Fire Department on Aug. 25 near Malastone. The accused was already known to his home police at Chatham, who wanted him on a charge laid by the boy's father in connection with a theft of $80, the report of the conviction said.

"If sentenced to two years less one day the lad would automatically have gone to Guelph Reformatory. I know that the Magistrates are in a difficult position sometimes. However, one would like to first get all the facts in the case and make those facts available to the public," concluded Mr. Price.

[davidhencke]

Exclusive: New mediation demanded for 50s women as judicial review is postponed

CEDAWinLAW takes the fight to the UN in Geneva Former judgeJocelynne Scutt (middle) with Professor Natasha Despoja, a CEDAW committee member ((left) and Dr Elgun Safarov ( deputy chairman ( Right) CEDAWinLAW, the successor organisation to Backto60, has decided to postpone its legal action on behalf of all 1950s women to force Mel Stride, the work and pensions secretary, to go to mediation over…

[seemabhatnagar]

"Speculative Fears Are Not Valid Grounds: Bombay High Court Rules Age and Marital Status Insufficient to Deny Furlough"

The High Court set aside the order of the Special Inspector General of Prison, Nagpur & directed him to reconsider the application of the petitioner for Furlough Leave for an appropriate period with suitable conditions.

The Court observed that the purpose of furlough leave is to maintain family ties and assist in the prisoner’s rehabilitation. Denying furlough without solid evidence of a real and imminent risk undermines this objective.

Fact

The petitioner, Pralhad Feku Gupta, a convict serving life imprisonment for offenses under Sections 302, 449, 436, and 201 of the Indian Penal Code, sought furlough leave for 28 days to spend time with his family. The application for furlough was denied by the Special Inspector General of Prison, Nagpur, based on a negative report from the Superintendent of Police, Maharajganj, Uttar Pradesh. The petitioner challenged this denial under Articles 226 and 227 of the Constitution of India.

Prahlad Feku Gupta v. Special Inspector General of Prison, Nagpur & another

WP 793/2023

Before the High Court of Bombay at Nagpur

Heard by Hon'ble Madam Justice Vibha Kankanwadi J & Hon'ble Madam Justice Vrushali Joshi J

Argument of the Parties

Petitioner's Submission

The petitioner has already served four years, five months, and twenty-five days of his life sentence.

Furlough leave is a legal right intended to allow prisoners to reconnect with their families, which plays a crucial role in their rehabilitation and reintegration into society.

The petitioner is willing to provide a surety, and his family is ready to support him during his furlough period.

Respondent State's Submission

The negative police report was primarily based on the possibility of the petitioner absconding due to his young age (26 years) and unmarried status.

However, the police report dated 26.07.2023 acknowledged that the petitioner’s mother was willing to act as a surety and that the petitioner’s release would not cause any law and order issues in Uttar Pradesh.

Court's Observation

The grounds for rejecting the furlough leave were not substantial or compelling. The mere possibility of absconding, based on age and marital status, is speculative and does not constitute a valid reason for denial.

The sanctioning authority cannot blindly accept a police report without assessing the overall situation and considering the potential benefits of allowing furlough with appropriate conditions.

Seema Bhatnagar