Questions tagged [judicial-independence]

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What do we know about the effects of lay participation in courts? (empirically)

https://sciencedirect.com/science/article/pii/S0176268009000123 tests various theories to find if lay participation has any effects on the economy (like judicial independence, corruption in judiciary, ...
16 votes
6 answers
2k views

How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?

Under the principle of parliamentary sovereignty, the legislature is deemed to be more powerful than both the executive and judicial branch. While I am familiar with how the executive-legislature ...
4 votes
1 answer
291 views

Has a U.S. president (or other politician) commenting on a criminal case ever actually led to a major setback for the prosecution?

We often hear politicians-- and U.S. presidents especially-- being criticized for weighing in on criminal cases on the grounds that their comments could prejudice a jury. Most recently Joe Biden and ...
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2 votes
4 answers
256 views

Why is the head of juridical power not directly elected?

It is a general question about who should lead the juridical power in a democratic country, but then I can complete the question by providing an example from USA. We know that, in the democratic ...
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2 votes
1 answer
254 views

What exactly is the "Trout" in this D.C. Circuit Court of Appeals opinion? Does it suggest a political motive of a judge?

Edited to reflect why I feel this question is on-topic here. The following is excerpted from Politico's Appeals court deals setback to Flynn’s attempt to end DOJ case against him: The D.C. Circuit ...
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5 votes
2 answers
442 views

How does granting immunity to an already imprisoned person fit with judicial independence?

Where I live judicial independence was a hot topic for quite a while, namely that the politics should interfere as less as possible in justice. This article shows an interesting case when getting ...
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22 votes
4 answers
7k views

Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?

Pete Buttigieg is running as a candidate for the U.S. Democratic Presidential Primary to become the Democratic Presidential Nominee. He recently(-ish) said he was looking into/supportive of a plan ...
2 votes
2 answers
196 views

Is it common in the West for immigration judges to be subordinated to the attorney general (equivalent)?

It's been claimed that The U.S. immigration court system suffers from profound structural problems that have severely eroded both its capacity to deliver just and fair decisions in a timely manner ...
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2 votes
1 answer
97 views

How is the prosecution of SNC-Lavalin risking 9000 jobs?

In the recently released tape the government was pressuring the attorney general not to prosecute SNC-Lavalin because of potential job loss and all that. The figure of 9000 jobs was mentioned at one ...
  • 118k
2 votes
2 answers
431 views

Is there a correlation between nationalism/conservatism and lack of judicial independence/rule of law?

Note: I am mostly thinking about Europe and North America and I would like to hear about studies/articles concerning any of these states In the last years, EU have faced several cases of countries ...
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