This document provides an overview of human rights and fundamental rights. It discusses:
- The definition and categories of human rights according to the UN Office of the High Commissioner for Human Rights.
- The three generations of rights: civil/political, economic/social/cultural, and collective rights.
- The difference between positive and negative rights.
- Key principles of human rights such as being inherent, fundamental, inalienable, etc.
- Major international human rights treaties and their monitoring bodies.
- How human rights are protected domestically through constitutional rights and incorporation of treaties into domestic law.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
This document provides an overview of human rights and fundamental rights. It discusses:
- The definition and categories of human rights according to the UN Office of the High Commissioner for Human Rights.
- The three generations of rights: civil/political, economic/social/cultural, and collective rights.
- The difference between positive and negative rights.
- Key principles of human rights such as being inherent, fundamental, inalienable, etc.
- Major international human rights treaties and their monitoring bodies.
- How human rights are protected domestically through constitutional rights and incorporation of treaties into domestic law.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
This document discusses the philosophy of positivism. It notes that positivism focuses on laws as they are formally established by governments, rather than viewing laws as derived from natural or transcendental principles. The document outlines some of the key ideas of legal positivism, including that laws are commands from a sovereign and can be logically deduced from predetermined rules. It then discusses some of the major thinkers in the positivist legal tradition, including Jeremy Bentham and John Austin, who are considered the founders of legal positivism.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
The document summarizes the key aspects of the African Charter on Human and Peoples' Rights (Banjul Charter). It incorporates economic, social, cultural, civil, and political rights as well as peoples' rights. The charter protects traditional rights like work, education, and health as well as new rights around property, access to public services, and freedom of movement. It also uniquely includes peoples' rights regarding self-determination and access to resources. A commission and African Court of Justice were established to uphold the charter.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
This document outlines the learning objectives, course materials, methods of learning, and provides an introduction to the course on Administrative Law. The key objectives are to introduce students to administrative law concepts, case law, regulatory issues, and how to deal with government agencies. Students will learn through reading materials including textbooks, case law, and regulatory documents. The methods of learning will include lectures, presentations, group work, assignments and modules. Administrative law governs the powers and procedures of administrative agencies and their relationship with the public.
John Austin developed a theory of legal positivism based on the idea that law is a command from a sovereign, backed by sanctions. He defined law as "a rule laid down for the guidance of an intelligent being by an intelligent being having power over him." Austin believed laws should have four key characteristics to be considered "positive law": they must be commands, include sanctions, create duties, and come from a sovereign power. He argued sovereignty resides in whichever entity receives habitual obedience within a society and is not subordinate to any other. While influential, Austin's theory was criticized for being too focused on commands and sanctions without acknowledging other influences on law or the role of judicial decisions and customs.
The document provides a history of the evolution of human rights from ancient Greek and Roman concepts of natural law and rights to modern international agreements like the Universal Declaration of Human Rights. It discusses influential documents like the Magna Carta, French Declaration of Rights of Man, American Bill of Rights, and how they established principles of equality, liberty, and rule of law. The UN Charter established respect for human rights as a core purpose and led to the UDHR in 1948, which defined basic civil, political, economic, social and cultural rights for all people.
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
The document provides an overview of legal aid in India, including definitions, history, and current provisions. It discusses how legal aid was incorporated into the Indian constitution as a fundamental right to ensure equal justice. The key organizations established to oversee legal aid efforts in India are the National Legal Services Authority (NALSA), state-level legal services authorities, and district legal services committees. NALSA aims to promote access to justice, especially for vulnerable groups, through legal awareness programs and services like Lok Adalats for alternative dispute resolution.
LLB LAW NOTES ON ADMINISTRATIVE LAW
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KANOON KE RAKHWALE INDIA
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CA FIRM DELHI
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The document discusses the American Realism movement in legal theory. Some key points:
- American Realism studies law as it exists in practice and its real-world effects, rejecting traditional legal concepts. It views law as judges decide cases rather than enacted laws.
- Major figures were John Chipman Gray and Oliver Wendell Holmes. Holmes defined law as "predictions of what courts will do" and emphasized extra-legal factors in decisions.
- American Realism shares the view with legal positivism that law is separate from moral ideals. Unlike sociological approaches, it focuses on scientific observation of law's functioning rather than its ends. It also rejects the natural law view that laws come from inherent principles.
An advocate must conduct themselves with dignity and respect in court. The document outlines 10 rules for advocates' duties to the court, including acting in a dignified manner, respecting the court, not deceiving the judge, restraining clients, proper dress code, not appearing for relative judges, and not representing matters of personal pecuniary interest. Additional duties to the court beyond these 10 rules are further guided by case laws.
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
The document discusses five major theories of corporate personality:
1) Fiction Theory: Treats a corporation as a legal fiction and its personality depends entirely on what is granted by law.
2) Concession Theory: Views corporate personality as a concession or creation of the state based on its sovereignty.
3) Purpose Theory: Regards a corporation as an artificial person functioning as a legal device to protect its real purpose.
4) Realist Theory: Considers a corporation to have a real personality and will of its own, not just a legal fiction.
5) Bracket Theory: Emphasizes looking behind the corporate entity to understand the actual human relations involved.
The document discusses the three main components of criminal justice systems: law enforcement, courts, and corrections. It provides details on the organization and operations of law enforcement and courts in different countries. For corrections, it covers risk assessment tools and rehabilitation programs used in various nations like the United States, Canada, China, and Russia. The conclusion recommends that the US Department of Justice consider adopting some approaches used in other countries' criminal justice systems.
Article 11 outlines the accountability of public officers in the Philippine government. It establishes that public office is a public trust and outlines the officials that can be impeached, the grounds for impeachment, and the impeachment process. The House of Representatives initiates impeachment cases while the Senate conducts trials and decides outcomes. It also establishes special judicial institutions like the Sandiganbayan anti-graft court and offices of the Ombudsman and Special Prosecutor to promote accountability.
The document discusses remedies available under the law against illegal acts of statutory functionaries, including constitutional petitions under Article 199 of the Pakistan Constitution. It provides details on when a constitutional petition is a competent remedy, even if alternate remedies exist. Specifically, it states that a constitutional petition is competent if the alternate remedy is not prompt, efficacious, or equally capable of preventing injustice, rights violations, or detrimental treatment that lacks legal authority. The document lists multiple scenarios when a constitutional petition remains appropriate, such as if the statutory action was made in mala fide manners, without jurisdiction, or involved an abuse of power or misapplication of law.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
This document discusses the philosophy of positivism. It notes that positivism focuses on laws as they are formally established by governments, rather than viewing laws as derived from natural or transcendental principles. The document outlines some of the key ideas of legal positivism, including that laws are commands from a sovereign and can be logically deduced from predetermined rules. It then discusses some of the major thinkers in the positivist legal tradition, including Jeremy Bentham and John Austin, who are considered the founders of legal positivism.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
The document summarizes the key aspects of the African Charter on Human and Peoples' Rights (Banjul Charter). It incorporates economic, social, cultural, civil, and political rights as well as peoples' rights. The charter protects traditional rights like work, education, and health as well as new rights around property, access to public services, and freedom of movement. It also uniquely includes peoples' rights regarding self-determination and access to resources. A commission and African Court of Justice were established to uphold the charter.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
This document outlines the learning objectives, course materials, methods of learning, and provides an introduction to the course on Administrative Law. The key objectives are to introduce students to administrative law concepts, case law, regulatory issues, and how to deal with government agencies. Students will learn through reading materials including textbooks, case law, and regulatory documents. The methods of learning will include lectures, presentations, group work, assignments and modules. Administrative law governs the powers and procedures of administrative agencies and their relationship with the public.
John Austin developed a theory of legal positivism based on the idea that law is a command from a sovereign, backed by sanctions. He defined law as "a rule laid down for the guidance of an intelligent being by an intelligent being having power over him." Austin believed laws should have four key characteristics to be considered "positive law": they must be commands, include sanctions, create duties, and come from a sovereign power. He argued sovereignty resides in whichever entity receives habitual obedience within a society and is not subordinate to any other. While influential, Austin's theory was criticized for being too focused on commands and sanctions without acknowledging other influences on law or the role of judicial decisions and customs.
The document provides a history of the evolution of human rights from ancient Greek and Roman concepts of natural law and rights to modern international agreements like the Universal Declaration of Human Rights. It discusses influential documents like the Magna Carta, French Declaration of Rights of Man, American Bill of Rights, and how they established principles of equality, liberty, and rule of law. The UN Charter established respect for human rights as a core purpose and led to the UDHR in 1948, which defined basic civil, political, economic, social and cultural rights for all people.
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
The document provides an overview of legal aid in India, including definitions, history, and current provisions. It discusses how legal aid was incorporated into the Indian constitution as a fundamental right to ensure equal justice. The key organizations established to oversee legal aid efforts in India are the National Legal Services Authority (NALSA), state-level legal services authorities, and district legal services committees. NALSA aims to promote access to justice, especially for vulnerable groups, through legal awareness programs and services like Lok Adalats for alternative dispute resolution.
LLB LAW NOTES ON ADMINISTRATIVE LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses the American Realism movement in legal theory. Some key points:
- American Realism studies law as it exists in practice and its real-world effects, rejecting traditional legal concepts. It views law as judges decide cases rather than enacted laws.
- Major figures were John Chipman Gray and Oliver Wendell Holmes. Holmes defined law as "predictions of what courts will do" and emphasized extra-legal factors in decisions.
- American Realism shares the view with legal positivism that law is separate from moral ideals. Unlike sociological approaches, it focuses on scientific observation of law's functioning rather than its ends. It also rejects the natural law view that laws come from inherent principles.
An advocate must conduct themselves with dignity and respect in court. The document outlines 10 rules for advocates' duties to the court, including acting in a dignified manner, respecting the court, not deceiving the judge, restraining clients, proper dress code, not appearing for relative judges, and not representing matters of personal pecuniary interest. Additional duties to the court beyond these 10 rules are further guided by case laws.
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
The document discusses five major theories of corporate personality:
1) Fiction Theory: Treats a corporation as a legal fiction and its personality depends entirely on what is granted by law.
2) Concession Theory: Views corporate personality as a concession or creation of the state based on its sovereignty.
3) Purpose Theory: Regards a corporation as an artificial person functioning as a legal device to protect its real purpose.
4) Realist Theory: Considers a corporation to have a real personality and will of its own, not just a legal fiction.
5) Bracket Theory: Emphasizes looking behind the corporate entity to understand the actual human relations involved.
The document discusses the three main components of criminal justice systems: law enforcement, courts, and corrections. It provides details on the organization and operations of law enforcement and courts in different countries. For corrections, it covers risk assessment tools and rehabilitation programs used in various nations like the United States, Canada, China, and Russia. The conclusion recommends that the US Department of Justice consider adopting some approaches used in other countries' criminal justice systems.
Article 11 outlines the accountability of public officers in the Philippine government. It establishes that public office is a public trust and outlines the officials that can be impeached, the grounds for impeachment, and the impeachment process. The House of Representatives initiates impeachment cases while the Senate conducts trials and decides outcomes. It also establishes special judicial institutions like the Sandiganbayan anti-graft court and offices of the Ombudsman and Special Prosecutor to promote accountability.
The document discusses remedies available under the law against illegal acts of statutory functionaries, including constitutional petitions under Article 199 of the Pakistan Constitution. It provides details on when a constitutional petition is a competent remedy, even if alternate remedies exist. Specifically, it states that a constitutional petition is competent if the alternate remedy is not prompt, efficacious, or equally capable of preventing injustice, rights violations, or detrimental treatment that lacks legal authority. The document lists multiple scenarios when a constitutional petition remains appropriate, such as if the statutory action was made in mala fide manners, without jurisdiction, or involved an abuse of power or misapplication of law.
Constitutional Law 5 - Rts of Accused PersonsKevin YL Tan
The document discusses key provisions in Part IV of the Singapore Constitution relating to fundamental liberties and human rights, including Articles 9, 11-15. It analyzes judicial interpretations of these rights to liberty, equal protection, freedom of speech and religion. It also examines how these rights can be overridden by legislation passed under the Internal Security Act for reasons of public security and emergency powers in Article 149.
Application of international human rights conventions;Rajitha Perera
1) The Supreme Court of Sri Lanka ruled that international treaties like the ICCPR do not have direct internal effect under Sri Lankan law unless incorporated by statute, as Sri Lanka follows a dualist approach.
2) It held that while Sri Lanka's accession to the ICCPR binds it internationally, domestic legislation was required to give effect to the rights in the ICCPR.
3) It also ruled that Sri Lanka's accession to the Optional Protocol was unconstitutional as it purported to confer public law rights and judicial power on an international body without parliamentary approval.
The National Human Right Commission Bangladesh 2009Naim Ahmed
The National Human Rights Commission of Bangladesh is an independent national institution that promotes and protects human rights. It was reconstituted in 2009 to advocate for human rights in accordance with Bangladesh's constitution and international treaties. The NHRC investigates human rights violations, provides access to justice, promotes human rights education, and monitors Bangladesh's implementation of international treaties. It can inquire into complaints, provide legal aid, recommend policies to the government, and settle disputes through mediation. Since being established, the NHRC has conducted research, raised awareness of human rights, and worked to improve compliance of Bangladesh's laws with international standards.
Article 11 accountability of public officersJudithFtlvr
1. The document outlines the accountability of public officers under the Philippine Constitution. It defines key terms like public office, public officer, and establishes standards for integrity and conduct.
2. It discusses the process for impeachment of public officials, the grounds for impeachment, and which officials can be impeached.
3. It creates the Office of the Ombudsman to investigate graft and corruption, and outlines their powers, functions, and fiscal autonomy.
4. It establishes protections against ill-gotten wealth and conflicts of interest, and requires public officers to disclose their assets and maintain allegiance to the State.
This document summarizes key concepts from the Philippine Constitution and related case law. It discusses the three inherent powers of the state (taxation, police power, eminent domain), the doctrine of state immunity from suit, basic human rights, the bill of rights in the 1987 Constitution, elements of a nation, key constitutional concepts like archipelagic doctrine and self-executory/non-executory provisions, and summaries of several Supreme Court cases dealing with issues like income taxation, presidential powers, and separation of church and state.
The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.
The document discusses the role and powers of the Ombudsman in the Philippine government based on provisions in Article XI of the Philippine Constitution. It states that the Ombudsman investigates and prosecutes government officials accused of crimes, independently monitors all three branches of government, and receives complaints from citizens. The Ombudsman usually prosecutes officials accused of graft and corruption. It also outlines the qualifications and appointment process for the Ombudsman and deputies.
The document discusses the role and powers of the Ombudsman in the Philippine government. It outlines that the Ombudsman independently monitors all three branches of government, investigates and prosecutes public officials accused of crimes like graft and corruption, and receives complaints from citizens. It also details the qualifications and appointment process for the Ombudsman and their deputies, as well as their powers and responsibilities in ensuring accountability of public officers.
National Human Rights Commission was established under Protection of Human Rights Act,1993 to promote and protect the human rights provided under the constitution of India and various international conventions and UN.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
1) The document discusses the history and evolution of the Philippine judicial system from pre-Spanish times to the present Supreme Court established under the 1987 Constitution. 2) It also outlines the organization and hierarchy of courts in the Philippines as well as the principles of judicial power, judicial inquiry, and effects of declaring a law unconstitutional. 3) The document provides details on the composition, sitting procedure, and appointment of justices to the Supreme Court as well as the independence and safeguards for the judiciary under the 1987 Constitution.
This document outlines the accountability of public officers under the Philippine Constitution. It discusses the nature of public office and the powers and duties of office holders. It also describes the qualifications, appointment process, and powers of the Office of the Ombudsman, which is tasked with investigating complaints against public officials and acts as a watchdog over the government. Public officers are expected to serve the people with integrity and be accountable to prevent corruption and abuse of power.
The Constitutional Court has handed down several judgements regarding the right to vote in South Africa. It found that South African citizens living abroad have the right to vote if registered. It also ruled that denying prisoners the right to vote was unconstitutional. Parliament later amended the law to disenfranchise prisoners serving sentences without the option of a fine. The rule of law requires that the state exercises power as authorized by law. South African courts have invoked the rule of law to limit government power and ensure it complies with the constitution. The court also sought to protect the independence of the National Prosecuting Authority by invalidating laws that could compromise its independence or induce favoritism. However, some argue the appointment of the NPA head remains vulnerable
This document outlines the qualifications, terms, and powers of various elected and appointed officials in the Philippines. It discusses the requirements to be President, Vice President, Senator, House Representative, Supreme Court Justice, Court of Appeals Judge, and heads of other constitutional commissions. It also summarizes the powers of the executive, legislative, and judicial branches of government under the principle of separation of powers. Key points covered include the powers and functions of the Supreme Court, Congress's lawmaking process, the President's emergency powers, and restrictions on the three branches to prevent encroachment on each other's domains.
The document contains summaries of various sections of the Philippine Constitution and other laws. Some key points include:
- In the event that both the President and Vice President are unable to serve, the Senate President becomes the next in line for President until successors are elected.
- The Constitution guarantees rights like speedy trials, access to records, freedom of assembly, and the right to petition the government.
- Only the Chief Justice, Supreme Court justices, COMELEC Chair, and COA Chair can be removed through impeachment. The Sandiganbayan Presiding Justice cannot.
- Sustainable development aims to meet present needs without compromising future generations by balancing economic, social and environmental factors.
This document is a letter from B. Subramanyam to the President of India regarding disciplinary action taken against him for his failure to properly audit the Charminar Cooperative Urban Bank Ltd and report financial irregularities. It discusses the relevant acts and rules governing disciplinary proceedings for civil servants in Andhra Pradesh and at the central government level. It provides details of his case, which was heard in the Ist Additional Metropolitan Sessions Judge court in Nampally, Hyderabad. The letter argues that the proper procedure established by law was not followed in his case and requests that a FIR be registered with the CBI to investigate the matter further.
Similar to Fundamental Rights and Human Rights Remedies Under Domestic Law in Sri Lanka (20)
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
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Fundamental Rights and Human Rights Remedies Under Domestic Law in Sri Lanka
1. Fundamental Rights and Human
Rights Remedies Under Domestic
Law
Advanced Training Programme on Human Rights
and Fundamental Rights
Kusal Kavinda Amarasinghe
LL.B (Hons), Faculty of Law ,University of Colombo, Sri Lanka
Center for the Study of Human Rights,
University of Colombo
2. Right to Effective Remedy
Article 08 of UDHR
Everyone has the right to an effective
remedy by the competent national
tribunals for acts violating the
fundamental rights granted him by the
constitution or by law.
3. Right to Effective Remedy
Article 17 of Constitution of Sri Lanka
Every person shall be entitled to apply
to the Supreme Court, as provided by
Article 126, in respect of the
infringement or imminent infringement,
by executive or administrative action,
of a fundamental right to which I such
person is entitled under the provisions
of this Chapter.(Chapter III –
Fundamental Rights)
5. Supreme Court of Sri Lanka
Article 118. of the Constitution
The Supreme Court of the Republic of
Sri Lanka shall be the highest and final
superior Court of record in the Republic and
shall subject to the provisions of the
Constitution exercise
(a) jurisdiction in respect of constitutional
matters ;
(b) jurisdiction for the protection of
fundamental rights ;
(c) final appellate jurisdiction ;
(d) consultative jurisdiction ;
(e) jurisdiction in election petitions ;
(f) jurisdiction in respect of any breach of
the privileges of Parliament ; and
(g) jurisdiction in respect of such other
matters which Parliament may by law vest
or ordain.
6. Article 126 in Constitution
126. (1) The Supreme Court shall have
sole and exclusive jurisdiction to hear
and determine any question relating to
the infringement or imminent
infringement by executive or
administrative action of any
fundamental right or language right
declared and recognized by Chapter
III or Chapter IV.
7. Article 126 in Constitution
(2) Where any person alleges that any such
fundamental right or language right relating to
such person has been infringed or is about to be
infringed by executive or administrative action,
he may himself or by an attorney-at-law on
his behalf, within one month thereof, in
accordance with such rules of court as may be in
force, apply to the Supreme Court by way of
petition in writing addressed to such Court
praying for relief or redress in respect of such
infringement. Such application may be
proceeded with only with leave to proceed first
had and obtained from the Supreme Court, which
leave may be granted or refused, as the case
may be, by not less than two judges.
8. Case Law
Somawathi vs, Weerasinghe
(S. C. APPLICATION, No. 227/88)
Sriyani Silva vs, Iddamalgoda
(SC NO. 471/2000 (FR)
9. Supreme Court Rule
No.2090/16 2018-09-26
Every Petitioner who files any application
and/or appeal inclusive of application under
Article 126 of the Constitution, to the
Supreme Court shall file together with such
application, a memorandum as set out in the
Schedule of these rules nominating at least
one person and not more than three persons
in order of preference to be his legal
representative for the purpose of prosecuting
his application in the event of the Applicant’s
death and/or change of status in cases where
the application and/or appeal survives the
death and/or change of status of the
petitioner.
10. Other Judicial Remedies
Under Criminal Law – High Court
Infringement of Article 11 of the Constitution
Convention Against Torture And Other Cruel,
Inhuman Or Degrading Treatment Or Punishment Act
No 22 Of 1994
Section 4(1) – jurisdiction to High Court
Section 2(5) - An offence under this Act shall be a
cognizable offence and a non-bailable offence,
Under Delict Law – District Court
Aquilian Action
11. Non-Judicial Institutions related
to HR and FR
Human Right Commission of Sri
Lanka
Official Languages Commission Sri
Lanka
Parliamentary Commissioner of
Administration (Ombudsman)
Right to Information Commission
12. Human Rights Commission of Sri
Lanka
Act No. 21 of 1996 to establish the Human
Rights Commission of Sri Lanka.
The Human Rights Commission of Sri Lanka is
an independent Commission, which was set up
to promote and protect human rights in the
country.
Prior to the establishment of the Human Rights
Commission of Sri Lanka (HRCSL), two different
institutions had been promulgated under
emergency regulations; the Human Rights Task
Force (HRTF) to prevent illegal arrest and
detention and the Commission for Eliminating
Discrimination & Monitoring of Human Rights
(CEDMHR) to prevent discrimination.
13. Official Languages Commission
Official Languages Commission Act, No. 18 of 1991
Section: 06 - The general objects of the Commission
(a) to recommend principles of policy, relating to the use of
the Official Languages, and to monitor and supervise
compliance with the provisions contained in Chapter IV of
the Constitution;
(b) to take all such actions and measures as are necessary
to ensure the use of the languages referred to in Article 18
of the Constitution in accordance with the spirit and intent
of Chapter IV of the Constitution;
(c) to promote the appreciation of the Official Languages
and the acceptance, maintenance, and continuance of
their status, equality and right of use;
(d) to conduct investigations, both on its own initiative, and
in response to any complaints received, and to take
remedial action as provided for, by the provisions of this
Act.
14. Parliamentary Commissioner of
Administration (Ombudsman)
Parliamentary Commissioner or the
Ombudsman is in the forefront among other
authorities which grant redress against
injustices such as infringement of
fundamental rights and violation of human
rights, done to the members of the public by
public officers.
15. Right to Information Commission
Right to Information Act, No. 12 of 2016.
The Right to Information Commission is the
central oversight and enforcement agency
established under the Right to Information
Act, No. 12 of 2016, established under
Section 11 of the RTI Act. It is a statutorily
independent body which has powers to hold
inquiries into complaints on non- compliance
and to recommend disciplinary actions
against offending officials. It also has the
powers to prosecute those who commit
offences defined in the Act. [Sections 15, 38
(2) and 39 (4)]