PPL Applications of and Exceptions to Boilermakers (Lecture 4) final

PPL Applications of and Exceptions to Boilermakers (Lecture 4) final

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PPL: Applications of and Exceptions to Boilermakers (Lecture 4) Legislative Usurpation – If the legislature attempts to exercise judicial power, instead of the courts doing so. Legislature attempting to exercise judicial power itself. However, issues are to still be left up to the court. Comes in the form of Bills of Attainder & Bill of Pains and Penalties. These are laws without the procedural safeguards involved in a judicial trial. o Bills of Attainder are based on death. o Bills of pains and Penalties are based on pains and penalties. A law directed to an individual or a particular group of individuals are ‘safeguarded’ in a judicial trial. o Example: Parliament itself cannot decide whether a person has committed an offense and punish them. Parliament cannot usurp judicial power. Detention General principle: o The involuntary detention of a citizen in custody by the State is penal or punitive in character and under our system of government, exists only as an incident of the exclusively judicial function of adjudging and punishing criminal guilt.
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