18th lecture
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This document defines judicial review and discusses its application in different countries. It also examines the merits and demerits of judicial review. Judicial review refers to a court examining the constitutionality of laws, executive actions, or judicial proceedings. The document outlines the powers of judicial review for high courts and supreme courts in Pakistan under Articles 184 and 199 of the constitution. It also lists the objectives as learning about the concept of judicial review, its application through sue moto powers and various articles, and the merits of judicial review such as protecting constitutional rights and separating governmental powers, as well as the potential demerits like becoming undemocratic or leading to an autocratic judiciary.
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17th lecture
John Adams appointed Marbury as a justice of the peace for the District of Columbia. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the landmark Supreme Court case of Marbury v. Madison in 1803, where Chief Justice John Marshall established the principle of judicial review. The Court declared Section 13 of the Judiciary Act of 1789 unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review the constitutionality of laws and acts of Congress.
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This document discusses control over delegated legislation in Pakistan. It outlines that parliamentary and judicial control exist. Judicial review allows superior courts to declare legislative or administrative acts ultra vires if they are inconsistent with the constitution, parent statute, other statutes, or fail to follow proper procedure. Grounds for challenging rules include inconsistency, conflict, non-conformity to procedure, barring court jurisdiction, enabling act being unconstitutional, failing the tests of vires, reasonableness and good faith, being discriminatory, unjust, oppressive or interfering with people's rights without justification.
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Judicial review refers to the power of courts to review and interpret legislation and actions of the other branches of government. Both the UK and US grant their highest courts this power, allowing them to review statutes for compliance with the constitution and review administrative actions. However, key differences exist between the two systems - UK courts cannot strike down legislation due to parliamentary sovereignty, while US courts have asserted the right to strike down laws since the 1803 Marbury v Madison case.
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the presentation focuses on the establishment of judicial review in USA . it describes the supporting pillars of judicial review in USA viz the federalist, the separation of power, the supremacy clause and Marbury v. Madison . it also present the limits of judicial review
Judicial Review Federalism Constitution
Judicial Review Federalism ConstitutionThe Fannie Lou Hamer National Institute on Citizenship and Democracy
1. The document discusses key concepts of the US constitutional system including judicial review, federalism, and the relationship between national and state governments.
2. It analyzes landmark Supreme Court cases like Marbury v. Madison and McCulloch v. Maryland that established the power of judicial review and evolved understandings of federalism.
3. The document also examines how the Court addressed issues of slavery through cases involving the Fugitive Slave Clause and states' personal liberty laws.Judicial review ppt
This document discusses the origins and significance of judicial review in the United States. It begins by outlining the debate around judicial independence during the ratification period. It then explains how judicial review was established through the Federalist Papers and the landmark case Marbury v. Madison, where the Supreme Court first asserted its power to strike down unconstitutional laws. The document discusses the ongoing controversy around judicial review and accusations of "judicial activism." However, it notes that the courts are still subject to checks and balances through other branches of government.
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Judicial review refers to the process by which courts scrutinize actions by the legislature, executive, and other government bodies. Courts have the power to interpret statutes and review administrative actions for legal authority. While UK courts cannot strike down legislation due to parliamentary sovereignty, they can review statutes for compliance with EU law or human rights and determine whether executive actions exceed legal powers. Courts balance interpreting the letter and intention of the law, and their scrutiny of government has increased in recent decades in the UK.
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John Adams appointed Marbury as a justice of the peace for the District of Columbia. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the landmark Supreme Court case of Marbury v. Madison in 1803, where Chief Justice John Marshall established the principle of judicial review. The Court declared Section 13 of the Judiciary Act of 1789 unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review the constitutionality of laws and acts of Congress.
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This document discusses control over delegated legislation in Pakistan. It outlines that parliamentary and judicial control exist. Judicial review allows superior courts to declare legislative or administrative acts ultra vires if they are inconsistent with the constitution, parent statute, other statutes, or fail to follow proper procedure. Grounds for challenging rules include inconsistency, conflict, non-conformity to procedure, barring court jurisdiction, enabling act being unconstitutional, failing the tests of vires, reasonableness and good faith, being discriminatory, unjust, oppressive or interfering with people's rights without justification.
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This document discusses the origins and significance of judicial review in the United States. It begins by outlining the debate around judicial independence during the ratification period. It then explains how judicial review was established through the Federalist Papers and the landmark case Marbury v. Madison, where the Supreme Court first asserted its power to strike down unconstitutional laws. The document discusses the ongoing controversy around judicial review and accusations of "judicial activism." However, it notes that the courts are still subject to checks and balances through other branches of government.
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THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
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JUD.REVIEW.pptx
Judicial review is the power of the courts to determine the constitutionality
Of legislative acts in a case instituted by aggrieved person.
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of Unconstitutionality.
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This document provides information about various writs that can be issued by courts in Sri Lanka. It discusses the following:
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- Prerogative remedies were originally only available to the Crown but became generally available to ordinary litigants by the late 16th century.
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This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
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The document discusses the US judiciary system. It provides information on the Supreme Court's shift to the right under George W. Bush's appointments, the role and powers of the federal judiciary, and judicial review. It also outlines the different levels of federal courts, from district courts to circuit courts of appeals to the Supreme Court, and discusses factors that influence Supreme Court decisions.
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The document summarizes key aspects of the U.S. Supreme Court, including its role as the final authority on constitutional interpretation, the process by which cases are accepted for review, and some notable past and recent cases. It also discusses the composition and selection of justices, differences between liberal and conservative judicial philosophies, and the Court's general procedures and opinion writing process.
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The US federal court system begins with district courts that hear both civil and criminal cases. Losing parties can appeal district court decisions to courts of appeals, and the Supreme Court chooses some cases to review appellate court decisions. The Supreme Court has the power of judicial review to determine if laws are constitutional and can strike down laws, establishing precedent for future cases.
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BackgroundThroughout the more than two centuries since the r.docx
Background
Throughout the more than two centuries since the ratification of the US Constitution, there have been “schools” of thinking about how it should be interpreted. In other words, groups of political thinkers and judges have tried to think of principles that should guide judges as they exercise this great power to interpret, or say whether a law conforms with, the US Constitution. More conservative judges tend to argue that the text of the Constitution and the previous legal decisions of the Court, or precedents, are the only things that should guide decisions. More liberal judges argue that one can not literally apply the text of the Constitution to modern cases. There is so much happening now that the Framers did not discuss or could have possibly anticipated. Thus, one must take into account broader issues when interpreting. The Constitution must be allowed to evolve with the times, and the Court must consider the public good in their interpretations.
One court case in particular highlighted the debate of original and evolving meaning in the interpretation of the Constitution --
Griswold v. Connecticut
(1965). The state of Connecticut had a law from 1879 that prohibited couples, even married couples, from using contraceptives and physicians from prescribing them. Estelle Griswold opened a Planned Parenthood clinic in Connecticut which offered contraceptive devices to women. It was promptly shut down. She appealed to the US Supreme Court and won the right to distribute contraceptives.
The majority of judges, 7-2, argued in their opinions that the women who received the contraceptives had a “right to marital privacy.” While the word “privacy” does not appear in the Constitution, the majority argued that the penumbra, the shadow cast or the implied meanings, in the 9th
Amendment, as well as other parts of the Constitution, protected people in their persons (and in their marital intimacy) from state intrusion, something Connecticut had done with this law. The minority judges responded that the majority was simply making up law. The opinions of the justices in
Griswold
demonstrate the constant debate of original and evolving meaning in the US Constitution.
Source
Source 1: Justice William O. Douglas, Majority Opinion
“The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance…. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment, in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enabl.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
Bill of rights 1987 Constitution of the Philippines
This document discusses constitutional rights and civil liberties in the Philippines according to the 1987 Constitution. It covers the bill of rights, classification of rights as natural, constitutional or statutory, and discussions on due process, equal protection, search warrants, arrests, and the rights to life, liberty and property. Key points covered include the requirements for due process, classifications of due process as procedural or substantive, definitions of natural and juridical persons, and circumstances allowing for warrant-less arrests.
Law
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
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Bill of rights 1987 Constitution of the Philippines
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8th lecture
Promoters play an important role in establishing a company by organizing capital, preparing legal documents, and bearing initial expenses. However, promoters have a fiduciary relationship with the company and cannot profit secretly from their position. Promoters are responsible for pre-incorporation contracts and must reimburse the company for any fraud, secret profits, or breach of trust. Upon registration of the company, the promoter's role is complete except if they issue a prospectus afterwards. The document discusses the legal responsibilities and status of promoters under company law.
7th lecture
The document outlines the key stages in forming a company:
1. The promotion stage involves preparing essential documents like the memorandum and articles of association.
2. The incorporation/registration stage where the company is formally registered by submitting documents like the memorandum, articles, and director information to the registrar.
3. After registration, the company can raise capital through issuing a prospectus or statement in lieu of prospectus for public companies and then commence its business operations upon receiving a certificate of business from the registrar.
6th lecture
A private company has several restrictions compared to a public company, including:
- Restricting the right to transfer shares
- Limiting membership to 50 people maximum
- Prohibiting any invitation to the public
A public company does not have these restrictions and has fewer procedural requirements compared to a private company, such as:
- Membership is unlimited
- Shares are freely transferable
- Can issue a prospectus and invite investment from the public
The key difference is that a private company provides more procedural relaxations while a public company has fewer restrictions but more disclosure requirements. Both have equal legal status as independent legal entities.
5th lecture .
This document compares companies and partnerships across various factors such as legal status, liability, governance, and registration requirements. Key differences include:
- Companies have a distinct legal personality and perpetual succession while partnerships do not.
- Partners have unlimited liability for partnership debts but members of companies have limited liability.
- Partnerships are governed by partnership agreements while companies are governed by their memorandum and articles of association.
- Registration is optional for partnerships but mandatory for companies to obtain legal status and limited liability.
4th lecture
This document provides an overview of different types of companies under the Companies Ordinance 1984 in Pakistan. It discusses companies limited by shares, companies limited by guarantee, unlimited companies, and organizations not for profit. It notes that companies can be private or public. It also discusses associations not for profit, and the power of the Commission to dispense with "Limited" in the name of charitable companies. Examples of different types of companies are provided such as chartered companies, statutory companies, registered companies, single member companies, private companies, public companies, listed companies, companies limited by shares, companies limited by guarantee, home companies, foreign companies, and holding and subsidiary companies.
Agency
An agency is a contract that regulates the relationship between a principal and an agent. The principal is the person who authorizes another to act on their behalf as an agent. An agent is a person employed to act for or represent the principal in dealing with third parties. An agency can be created through agreement, estoppel, ratification, or operation of law. The duties of an agent include following the principal's directions, working with reasonable skill, compensating the principal, maintaining accounts, and communicating with the principal. An agency terminates through agreement between the parties, revocation, completion of the task, expiration of time, or circumstances such as death, insanity, insolvency, or a change in law.
Registration process
Two or more partners can register their partnership firm under the Partnership Act of 1932. The application process involves filling out Form 1, providing a partnership deed signed by all partners, and paying a registration fee of Rs. 1000. Applicants must also submit copies of CNICs, proof of a business address, and an authority letter if an agent is applying on behalf of the partners. Once completed documents are submitted to the Assistant District Officer, the registration will be processed according to the Partnership Act if all prerequisites are met. The registrar will issue a registration certificate if satisfied with the documents.
Essentials
This document discusses key aspects of partnership law, including:
1. The definition of partnership as a relation between persons sharing profits from a business carried on by agreement.
2. The four essential elements that must exist for a partnership: carrying on a business, agreement to share profits, business carried on by all or acting for all.
3. The importance of a partnership agreement which establishes terms, management regulations, and other provisions.
4. Examples of important provisions that should be included in a partnership agreement such as the name, nature of business, locations, partners, salaries, work divisions, profits, dealing bank, capital contributions, profit ratios, drawings, interest, admissions, goodwill, accounts, rights/dut
First assignment
Ms. Calpana Lee wants to register a firm called "Thanga Bahnga Lee" with the Security and Exchange Commission of Pakistan Quetta, but they refused. She argued that companies and firms have the same legal status, so the registration forum does not matter. Students of the 6th semester LL.B program must complete an assignment examining Ms. Lee's statement as the legal advisor to SECP. The assignment must follow a prescribed format with sections for particulars, contents, the main 3-page body, and remarks, and must be handwritten, with an April 8th deadline.
2nd lecture typology of partnership
This document summarizes different types of partnerships and their key characteristics. It describes general partnerships as those where all partners' liabilities are unlimited. Particular partnerships are formed for a specific project or time period. Partnerships at will have an unlimited time period. The document outlines that a partnership requires at least two people, is for business purposes only, involves mutual agency between partners and sharing of profits, and has unlimited liabilities for all partners. A limited partnership has at least one partner with unlimited liability and one or more with limited liability.
Lecture 1st
This document defines and explains the concept of bailment under contract law. It discusses:
1) Bailment involves the delivery of goods by the bailor to the bailee for a specific purpose, with an understanding the goods will be returned or disposed of as directed.
2) The bailor is the person delivering the goods and the bailee is the person receiving them. Bailment has certain essential elements to constitute a valid contract.
3) The document outlines the duties of both the bailor and bailee, as well as their respective rights. It also discusses how a bailment can be terminated.
1st lecture
This document provides an introduction to the subject of law of business organization. It outlines 9 key learning objectives: 1) to understand law, business, and organization, 2) the definition of law of business organization, 3) its nature and scope, 4) relevant laws, 5) the syllabus, and 6) the importance of business law. Business law regulates commercial activities and dealings through rules governing how to establish and run a business. It protects liberties, maintains order, resolves disputes, and establishes standards for business concerns and their interactions with government agencies and individuals. As infrastructure projects like CPEC develop, the significance of business law will increase considerably in Pakistan.
Result 1st
This document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role numbers of 502 students and their individual scores on Quiz 1, Quiz 2, Quiz 3, Assignment 1, and Assignment 2. The lecturer is Munir Hussain from the University Law College in Quetta. It is dated October 31, 2020 and is regarding the results of the first quiz for Unit One of the Introduction to Law course.
2ND quiz 1 semseter
This document appears to be a quiz for a law course, containing different types of questions about introductory legal concepts. It includes true/false questions with answers, multiple choice questions on topics like ancient law codes, and a matching exercise pairing answers with letters. The quiz was prepared by a lecturer and covers material for the first semester of an LL.B program.
Result 1st
The document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role, student number, name, and marks of 501 students. It also provides the course code, standard, topic, and details of the lecturer and college. The results are dated October 17, 2020 and are subject to errors and omissions.
1st quiz 1semester c
This document contains an answer key for a 1st quiz on introduction to law for an LL.B first semester course. The quiz contains 10 multiple choice questions and 5 matching questions covering topics like normative ethics, descriptive ethics, absolutism, and philosophers like Immanuel Kant and their contributions. The answer key provides the correct option selected for each question.
Assignemnt
The document outlines the requirements for an assignment on ethics and its branches for an Introduction to Law course. Students must define key ethics terms and distinguish between teleological and deontological ethics on the main body page, which cannot exceed 5 pages. The assignment must follow a prescribed format with multiple pages and be submitted in printed form by October 20th, 2020 to be considered.
4th lecture
Hedonism is the belief that pleasure is the most important thing in life and that people act to gain pleasure and avoid pain. Religion can be defined in different ways but generally involves a belief in a higher power and a system of worship. People follow religions for reasons like achieving supernatural rewards and avoiding punishments. Morality involves distinguishing between right and wrong behavior, and is related to but distinct from religion which involves external or metaphysical influences. Laws represent societal views on morality but morality comes from personal views of right and wrong.
2nd lecture
Morality refers to principles of right and wrong governing an individual's behavior. Ethics is a branch of philosophy dealing with moral principles and values relating to human conduct. The document discusses the concepts of morality and ethics, noting they are often used interchangeably but sometimes distinguished. Morality may refer more to personal principles while ethics refers to the standards of a community or profession. However, ethicists today generally use the terms interchangeably without distinguishing between them. The key aspects are that both morality and ethics concern principles of right and wrong behavior.
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4：个人职称评审加20分个人信誉贷款加10分。
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Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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本公司拥有海外各大学样板无数，能完美还原。
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三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
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本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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18th lecture
- 1. Definitions Of Judicial Review According to Webster Dictionary of law “A judicial re-examination and reconsideration of the legality or constitutionality of something as the proceedings of lower court or a tribunal or a legislative enactment or government or administrative action” Judicial review in USA . Laws Executive order Judicial decision Judicial review in uk Executive order Supremacy of parliament Judicial review in Pakistan Before 1973 Only law After 1973 Administrative actions Judicial review and separation of power Check over other organs Judicial review and judicial activism Judicial review and administrative law Ultra vires Without jurisdiction Intra vires Within jurisdiction Locus standi Right to interfere Writ Jurisdiction of High Court Art 199 Constitutional jurisdiction or Equitable jurisdiction or Discretionary jurisdiction or Concurrent jurisdiction. Writ Jurisdiction of supreme Court Art 184 Constitutional jurisdiction or Equitable jurisdiction or Discretionary jurisdiction or Concurrent jurisdiction. .Referential jurisdiction .Question of public importance 1) DE-MERITS OF JUDICIAL REVIEW 1- Un-Democratic 2- Autocracy of Judiciary 3- Approachof Judgesmay be conservative 2) MERITS OF JUDICIAL REVIEW 1- Protection of constitution 2- Growth of constitution 3- Accommodation and Adjustment in constitution 4- Guardianof FundamentalRights 5- Separation of Powers (defines governmental powers) 6- Check on legislation Subject: Administrative law Standard: LL.B second year Topic: Judicial Review MUNIR HUSSAIN KTK Lecturer UNIVERSITY LAW COLLEGE QUETTA www.facebook.com/pages/Corridor-to-Commercial-Law Objectives To Learn 1. Concept of Judicial Review Sue Moto Article 184 Article 199