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Questions tagged [judicial-branch]

For questions about the branch of the government that deals with the court system in those countries where it is separate from the legislative and executive functions of government. The judiciary comprises the court system, including the judges and their staff.

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Press conference by SC judges

Is the historic press conference by four senior-most SC judges a sign of government interference in the workings of the judiciary? References - https://www.thehindubusinessline.com/news/supreme-...
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Does the UAE law set the method of capital punishment for a given crime? [migrated]

The judicial system of UAE allows a court (a Federal court, I believe) to pass judgment of the capital punishment for crimes including homosexuality and denouncing Islam. The executions are carried ...
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Will the government shutdown impact federal courts?

The US government is currently partially shut down. Will the government shutdown impact federal courts or slow process on new matters filed in federal court?
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Instead of proposing a “dialogic process” for judicial review, why doesn't Mark Tushnet want to amend the Constitution as necessary?

In a recent Vox.com interview with Harvard legal scholar Mark Tushnet, Dr. Tushnet presented his ideas to journalist Sean Illing: Sean Illing How unusual is it for a liberal democratic system ...
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Are there some studies which measure the level of politicization of courts in a trans-Atlantic perspective?

It's easy enough to find a Europe-only comparative perspective on the politicization of the judiciary, e.g. Werkmann (2017): The authors measured the level of politicization in each country ...
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Judges appointment mechanisms

What are the common/main mechanisms to appoint judges in different western countries? How is the head of the judiciary system elected?
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Are there any studies of comparative biases in adversarial and inquisitorial legal systems?

In the present-day, different liberal democracies use the adversarial and inquisitorial legal systems (e.g., the U.S. and France, respectively). Have there been any comparative studies of whether ...
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Entire court impeached

The West Virginia House Judiciary Committee has voted to impeach the entire West Virginia Supreme Court. This vote means that it will go to the WV house floor for impeachment consideration. Here's ...
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What happens if administration doesn't meet the deadline to reunify families?

On June 27 federal judge Dana Sabraw ordered that the Trump administration had to reunify the families that were separated when they tried to enter the US. Children under 5 had to be returned to their ...
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Can a large number of federal judges be confirmed at once in the US Senate?

President Trump has nominated many federal judges for Senate confirmation. As this list from Wikipedia shows, there is a huge backlog of judiciary nominations. For instance, only 20 judiciary ...
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Can the United States Federal Government alter the Criminal Justice System [closed]

Question I was wondering whether or not the phrase/sentence/claim/statement: "The United States Federal Government ought to alter the Criminal Justice System" be hypothetically feasible? To clarify,...
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133 views

Impeachment of judges

What is the procedure when a judge is to be impeached by Congress? Is there a rule on the percentage of votes required when Congress votes?
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How often are US federal judges appointed who have never tried a case?

As brought up in this question, there appears to be a growing group of headlines tonight focusing on the fact that someone who has never tried a case is being nominated for federal judge. I know very ...
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In US law, what means are there to block a nominee approved by the Senate to become a District Judge?

This is about the nomination of Brett Joseph Talley to the position of District Judge of the United States District Court for the Middle District of Alabama. According to this article in the Los ...
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How does the judicial independence in Poland after the reforms compare to other EU countries?

There have been a lot of talks recently about the erosion of judicial independence in Poland after the new government has decided to change the way judges are nominated. However to me (as a Czech ...
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What exactly did the federal judge do to Trump's executive order?

Source: The Hill U.S. District Court Judge Ann Donnelly ruled in favor of a habeas corpus petition filed by the American Civil Liberties Union (ACLU) on behalf of two Iraqi men who were ...
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Why is driver's test privatization in purvue of Israel's Supreme Court?

So this minor news article ("High Court order against privatization of driving tests") caught my attention, by the fact that it seems like such a strange and insignificant topic to rise to Supreme ...
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Judicial Independence in Turkey

In the aftermath of the failed coup in Turkey nearly 3000 judges were "sacked" among them two members of the constitutional court (source for example this Washington Post article) as well as many ...
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How do proponents of the “Living Constitution” view respond to the argument that it undermines democracy?

Those who reject originalism as a judicial philosophy generally say that the Constitution is a "living document" which changes in meaning as society changes. Further, they believe that the Supreme ...
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US Courts of Appeals - What are the roles of the Circuit Justices?

I was reading the Wikipedia page for the U.S. Court of Appeals for the Second Circuit when I noticed that a "Circuit Justice" (in this case, Ruth Bader Ginsburg) was mentioned. I then found the page ...
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When a U.S. administration decides to do a prisoner swap with another country, how does the US judicial system handle the request?

What are the mechanisms that are in play, for example in the recent swap of prisoners for the American citizens that were held in Iran? Is it a presidential pardon? Or is there some other ...
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Majority Opinion of Supreme Court cases

I am learning about US Government and the Judicial Branch. According to my course lesson, the Chief Justice of the Supreme Court will write the majority opinion if he is part of the majority or assign ...
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When courts draw maps, do they gerrymander?

It's well known that when legislatures draw maps, the majority protects members of their own party. When courts do maps, do they do the same thing? If so, what are some modern-day examples where a ...
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What is the percent of Police Officers that are indicted by a Grand Jury?

In light of the Eric Gardner and Micheal Brown Grand Jury outcomes. I wanted to know what % of Police Officers are actually indicted by a Grand Jury. I found some interesting charts that may give ...
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Congress delegating statutory rewriting power?

Does the United States Congress have the power to authorize a court to rewrite a statute to save that statute from constitutional invalidity?
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Do any of the judges in USA (any jurisdiction) have to run for re-election?

Some of the judges in USA are elected positions. In those cases, there are 4 options: Position is elected for life Position is elected for a term and the person can't run again Position is elected ...
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Can a U.S. Judge be removed for being wrong most of the time?

Suppose, in America, a federal Judge is nominated by the President, confirmed by the Senate, and then he/she is wrong a majority of the time: often in the minority if part of a panel, often overruled ...
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Is retrospective legislation legal in Australia?

In 2011, the Commonwealth passed legislation making it a crime for recipients of social security to fail to report changes to their financial circumstances to Centrelink (our social security agency) ...
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What are some examples of “checks and balances” outside of the United States? [closed]

The three branches of the United States government (legislative, executive, and judicial) all participate in the governing process and in many cases can check the actions of another branch. Are there ...