Judicial Review in the UK and the USA Essay Example | Topics and Well Written Essays - 1500 words

Judicial Review in the UK and the USA - Essay Example Judicial review was exercised even before that Constitutional Convention in several states. This is seen in respect of the fact that at least seven of 13 states had experienced the invalidation of their statutes on the grounds that that they violated the higher law or the constitution in one way or another. Hayburn's Case (1792) is one case that saw judicial review in practice as the court held the decision of Congress regarding pension applications unconstitutional. Hylton v. United States (1796) as decided by the US Supreme Court also saw Congress challenged in a matter relating to direct taxes. The Judiciary Act (Section 13) that establishes the US judicial courts gives the Supreme Court the authority to "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States" .Components of Judicial ReviewFor a higher law to be applied effectively, the ruler having constraint in making decisions, there needs to be a set of procedures through which the regulations can be translated into practical actions.   The procedures afore mentioned encompass the codification of the law in a manner that is legally cognizable in terms of language used, reliance on a competent institution to make interpretations of the regulations as well as the existence of a social agreement that the rulings made by the institution that interprets the regulations are supreme and must therefore be upheld. In simple terms judicial review demands three basic elements to be functional in the modern world; the existence of written law or a constitution, the existence of a competent institution (court) to interpret the law and finally respect for the ruling in respect of its

Criminal Law and Procedure Essay Example | Topics and Well Written Essays - 750 words

Criminal Law and Procedure - Essay Example If the officer is in hot pursuit of the defendant the officer may make a warrant less search of the subject2, but other circumstances need to indicate probable cause to apprehend the suspect or make a warrant less entry into a private home3. Flight alone would not merit probable cause4, but the immediate knowledge of the defendant in flight of a felony such as armed assault would be probable cause and justify an arrest. If the suspect is injured and unarmed then the officer may still enter the garage under the emergency doctrine. Under the emergency doctrine, law enforcement officers may enter a dwelling without a warrant when they reasonably believe that a person within is in need of immediate aid5. 2) Formulate a set of circumstances in which there is probable cause to search but not arrest, in which there is probable cause to arrest but not probable cause to search, in which there is probable cause to both arrest and to search. At 9:35pm officer McCoy notices a blue sedan parked in the parking lot of Clemency Park. Clemency Park is not open to the public after 9:45pm. Officer McCoy gets out of his cruiser and approaches the blue sedan with the intention of informing the driver that he will not be allowed to be on Park ground including the parking lot in another 10 minutes. Officer McCoy, who is familiar with the smell of marijuana, catches a strong odor of marijuana 3 feet from the blue sedan. The officer takes note that there are no other vehicles in the parking lot and the odor must be coming from the sedan. Officer McCoy approaches the vehicle with his flash light positioned toward the driver side and knocks on the driver side window. The driver rolls down the window. Officer McCoy catches an even stronger sent of marijuana coming from the inside of the vehicle. Upon questioning the driver refuses to answer any of the officer's inquiries. Officer McCoy now has probable cause to search the vehicle. After a search of the driver's person and vehicle Officer McCoy found no drugs or drug paraphernalia or any other contraband. The officer had the right to make a warrant less search but not a warrant less arrest. Probable Cause to Arrest but not Probable Cause to Search Mr. Tomas was distributing pamphlets in the lobby of a Masonic Temple. An authorized representative of the temple asked Mr. Tomas to leave the building. Mr. Thomas refused to leave the building and continued distributing pamphlets. About Ten minutes later two officers arrived by call of the temple representative. The officers asked Mr. Thomas to leave the temple. Mr. Thomas refused to comply with the officer's request. The two officer's subsequently arrested Mr. Thomas on the charge of Trespassing. The officers had probable cause to arrest Mr. Thomas but no cause to search without a warrant. Probable Cause to both Arrest and to Search At 1:15am The 35th precinct had gotten reports from two different calls that gun shots were fired at residence 56 West Elmhurst. The nearest police cruisers responded to the radio dispatch. Three cruisers appeared on the scene and parked in front of the residence.