Questions tagged [judiciary]

Questions about those parts of governments which interpret and apply the law. Please use with an appropriate country-tag.

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-7 votes
3 answers
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Why does a high number of capital punishments often attract international criticism?

Take, for example, a country like the United States. Firstly, the US has a relatively high homicide rate. Secondly, the US might not have enough money to keep large numbers of murderers in prison, as ...
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11 votes
2 answers
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Does US Supreme Court Chief Justice John Roberts have recusal power over another Justice if they don't do it themself? (e.g. Clarence Thomas)

In the 2022-03-27 ABC News video Ginni Thomas texts to Meadows is a 'textbook' case for recusal: Sen. Klobuchar | ABC News after 03:24 ABC's Jonathan Karl quotes two text messages from Ginni Thomas, ...
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6 votes
2 answers
697 views

Did the US Supreme court really "exemp(t) themselves from all the ethical rules that all the other federal judges are abided by"? If so, how?

In CNN's video Toobin: Why Ginni Thomas' texts around 1/6 are problematic with the description CNN chief legal analyst Jeffrey Toobin explains why Ginni Thomas' involvement with the events of January ...
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2 votes
1 answer
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Are there any explicit laws which define to what extent citizens can carry out a peaceful protest?

Usually, citizens carry out peaceful protests by means of waving banners or having marches. But what if they decide to block off a major road by staging a sit-in protest in a city (as happened in ...
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2 votes
2 answers
261 views

Can the US Federal Government order a judge-led inquiry into a matter of public concern?

Having just watched the Netflix mini-series Jeffrey Epstein: Filthy Rich I was struck by the level of outrage which arose, in 2008, when the the US Attorney for Florida, remarkably, and inexplicably, ...
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1 vote
2 answers
148 views

How can the judiciary make executive decisions in Brazil?

According to this new (in Spanish) federal court decides implementation of COVID passport The magistrate of the Supreme Federal Court of Brazil decided it will demand proof of vaccination for ...
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3 votes
1 answer
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Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)

The following questions and their extensive answers cover the background of the issues well: How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
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2 votes
3 answers
268 views

Can a monarchy have a tripartite division of authority?

Can a monarchy have a tripartite (legislative, executive, judicial) division of authority*? Viz., can a single person (the monarch) exercise all three of these authorities, or does he need to delegate ...
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  • 466
34 votes
6 answers
9k views

Why are legal decisions in the US so politicized?

(Not sure if this should be on the Law.SE. I'm guessing the answer is more political than legal, hence I'm asking it here.) Example WILMINGTON, Del. (AP) — A difficult political atmosphere for ...
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-1 votes
4 answers
353 views

What power do politicians have in court cases?

What power do politicians have when it comes to court cases? For example, the Kyle Rittenhouse case is about to end, and some people believe that the judge in the case is biased against the ...
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  • 477
8 votes
3 answers
356 views

How does the Polish court's rejection of EU law supremacy differ from Germany's seemingly similar action?

I'm not sure if this a 100% correct summary of what happened in Germany last year, but: While the German Federal Constitutional Court has long reserved the power to reject EU actions that manifestly ...
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21 votes
1 answer
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How does Germany regularly elect judges onto Federal Constitutional Court despite needing two-thirds majority vote?

In Germany, the judges on Federal Constitutional Court are elected by the federal parliament with two-thirds majority vote. Throughout its history, the parliament was able to elect new judges without ...
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-6 votes
2 answers
240 views

Isn't there a conflict of interest when the president appoints a (former) judge as the attorney general?

Isn't Merrick Garland too conflicted to be Attorney General because he is a former Chief Judge on the US Court of Appeals for the D.C. Circuit? After his Chief Judgeship, Garland was nominated by and ...
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30 votes
6 answers
5k views

Why is avoidance of judicial review of the Texas abortion law and other future US state laws so concerning to the US department of justice?

From CNN's video coverage of US Attorney General Merrick Garland announcement of its lawsuit against the state of Texas: Q: ...several GOP lawmakers who said that they will follow Texas’ lead, and I ...
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4 votes
1 answer
304 views

Are there constitutional arguments for preventing/avoiding judicial review of state law in some scenarios? Are there any historical examples of this?

From CNN's video coverage of US Attorney General Merrick Garland announcement of its lawsuit against the state of Texas: Q: ...several GOP lawmakers who said that they will follow Texas’ lead, and I ...
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28 votes
2 answers
1k views

What arguments have been made to support the Texas abortion law's private enforcement provisions, beyond evading review?

Texas Senate Bill 8, which practically bars abortions in the state, has an unusual* provision whereby civil claims against abortion providers can be asserted by private plaintiffs not involved in or ...
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0 votes
1 answer
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What is the difference between a recusal and abstaining? [closed]

Are these words synonyms or do they mean different things? A member of congress abstains from voting, while a judge recuses himself from a case. Is there a meaningful difference between the two out of ...
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7 votes
5 answers
5k views

Is there anything judicial that can prevent Trump from taking part in the 2024 elections?

It seems that Donald Trump is already preparing for his 2024 campaign - especially after the Republican CPAC in Iowa. Is there anything judicial that could prevent him from running in the 2024 race?
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4 votes
1 answer
172 views

Have the salaries or benefits of members of the Constitutional Court ever been decreased in an European country?

Background I have watched an interview with an economic analyst arguing that Romania is in a strange situation ("conflict of interest") because the Constitutional Court members are able to ...
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3 votes
2 answers
167 views

What can individual state governments do to combat court case backlogs?

Many people say that states have a problem administering justice due to a large and growing number of cases that have yet to be tried. Increasing funding to the state's courts system seems like an ...
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  • 1,681
5 votes
1 answer
333 views

Why are there juries in the patent litigation cases in the U.S.?

Why are there juries in the patent litigation cases in the U.S.? There was a jury in the Samsung v Apple case, and I recall that none of the jury had an expertise in patent law. Is there a political ...
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8 votes
1 answer
568 views

How often does the federal government sue states?

The Justice Department recently filed a lawsuit against the State of Georgia over voting restrictions passed by the Georgia legislature. How often does the federal government file lawsuits against ...
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12 votes
1 answer
954 views

In what way(s) was US Judge Royce Lamberth a "pain in the butt" to the Clinton Administration?

After 06:27 in the CNN video Rudy Giuliani suspended from practicing law in New York state commentator Paul Kane, Senior Congressional Correspondent for The Washington Post said (my transcription): ...
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11 votes
1 answer
1k views

Is availability of jurors a limiting factor in the justice system?

It is being reported today that the Lord Chief Justice of England and Wales, Lord Burnett of Maldon is calling for smaller juries to clear the backlog of court cases: Telegraph (paywalled) Text ...
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  • 841
3 votes
1 answer
193 views

Does the injunction blocking the Biden administration's suspension of new oil and gas leases only affect the 13 states that filed suit?

A federal judge in Louisiana ruled on June 15th that President Biden cannot pause new leases for drilling on public lands. It was a suit filed by 12 states and Louisiana. According to the NYT: Judge ...
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4 votes
1 answer
287 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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  • 5,544
4 votes
0 answers
83 views

Studies on the application of "Red Flag Laws" in the US

I'm looking for objective studies describing how red flag gun laws involving Extreme Risk Protection Orders (ERPOs) are being used in those U.S. states that have implemented them. I'd like to see ...
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  • 7,740
2 votes
1 answer
232 views

Is it legal to talk about former Chief Justice of India (CJI) in the Parliament of India?

On 8 February 2021, Mahua Moitra said the following in her speech in Lok Sabha during the discussion on motion of thanks on the President's address: The sacred cow that was the judiciary is no longer ...
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5 votes
1 answer
209 views

What did the Framers of the Constitution have to say about court packing?

Trump has repeatedly said that Biden wants to pack the courts, this likely wouldn’t work because of the Senate filibuster. Although hard, if one party were able to obtain 60 seats in the Senate, ...
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2 votes
0 answers
45 views

Do elected attorneys general and prosecutors in the U.S. sue companies more frequently when re-elections are upcoming?

I get the sense that this is true from anecdotal examples, as attorneys general (especially those with higher political ambitions) try to win future votes by being “tough on corporations”. But I don’t ...
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  • 291
5 votes
1 answer
257 views

How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?

I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
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1 vote
1 answer
99 views

On what basis was the 2011 HHS override of and FDA decision overruled by a federal judge?

A Politico article on the FDA and its questionable legal independence (from the executive) mentions that: in 2011, the diminished autonomy of the FDA was made visibly apparent by a clash within the ...
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6 votes
1 answer
250 views

Can a Supreme Court justice be nominated and confirmed under two different presidents?

For example, if President Trump nominated a justice on his last day in office, could that person then be confirmed by the Senate during a Biden administration?
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  • 63
3 votes
1 answer
272 views

What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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2 votes
2 answers
493 views

If (Supreme Court) judges are supposedly impartial how are they so readily identified to parties?

Are they identified with Republican or Democratic parties depending on their leanings on specific, key issues? Or is there a more general cause, like broadly taking more literal interpretation of the ...
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27 votes
6 answers
9k views

How could the US Congress reduce the size of the US Supreme Court?

There are a number of questions regarding the motivations and effects of "packing" the supreme court in the United States of America by adding more justices of the appointer's preference. It ...
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1 vote
0 answers
31 views

What organizations made more than 100 endorsements in US state and local judicial races between 2009 and 2018?

Other than bar associations and trade associations, what organizations made more than 100 endorsements in US state and local judicial races between 2009 and 2018?
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  • 191
2 votes
1 answer
80 views

Free websites to help me find influential or contentious local court cases?

I am looking for free websites that contain (potentially partial) catalogs of state and local court cases in the United States, and allows me to filter and/or sort by any of the following: The vote ...
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  • 191
34 votes
5 answers
8k views

Why is changing the size of the Supreme Court considered dangerous today, when it has been done in the past?

Recently, there has been a lot of talk about "court packing", the process of increasing the size of the Supreme Court, thereby creating openings to be filled with new justices. A common ...
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1 vote
0 answers
103 views

Could Ted Cruz (or another sitting senator) be appointed to be a SCOTUS justice? [duplicate]

Donald Trump made a list of possible US Supreme Court appointments if a vacancy shows up while he's in office. Two of these intrigued me: Tom Cotton and Ted Cruz. I know this might not matter in ...
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3 votes
1 answer
243 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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6 votes
2 answers
389 views

Has there been a movement to make US judicial appointments apolitical?

The judicial system in India and some other countries is independent of politics in the sense that it is not the party in power that influences who will be a Supreme Court judge, but judges among ...
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  • 735
2 votes
1 answer
119 views

Why is the Michigan Supreme Court's refusal to hear a case a bar to publishing the Court of Appeals' decision?

MCR 7.215(D)(4) says that The Court of Appeals shall not direct publication if the Supreme Court has denied an application for leave to appeal under MCR 7.305. What is the purpose of this rule?
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-2 votes
1 answer
98 views

Rushed in judicial appointments in US courts? [duplicate]

Let's say the GOP loses the Senate majority and the presidency. But, the Republican leadership understands the fact that there are more than 45 days left until they lose Congress officially in the ...
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5 votes
2 answers
498 views

How can an UK judge rule over Dubai's Chief of State?

As I understand it, Princess Haya is moving legal action in the UK against her husband, the vice-president of the United Arab Emirates, Sheikh Mohammed bin Rashid Al Maktoum. As he is a chief of ...
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  • 476
1 vote
0 answers
225 views

How often does the ECtHR Grand Chamber reverse judgements by its lower chamber?

In the recent N.D. & N.T. vs Spain 2020 case, the Grand Chamber of the European Court of Human Rights (ECtHR) basically reversed a 2017 decision of the ECtHR's (lower) chamber. the [Grand Chamber ...
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  • 102k
10 votes
1 answer
239 views

Is the blocking of Heathrow's third runway the first time a national government has been held to an international climate agreement by the judiciary?

On the 27th of February, the UK Court of Appeal ruled that the government's decision to allow the expansion of Heathrow Airport was unlawful because the government had not taken its commitments made ...
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2 votes
0 answers
75 views

Test or drill to verify the functioning of a judicial system by ordinary people [closed]

Is there any mechanism in any judicial system to test its efficiency by designing a fake or test crime scheme to verify the functionality of the judiciary? For example, is there a method for a ...
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-3 votes
1 answer
121 views

How binding is a sentencing recommendation by the Department of Justice? [closed]

Regarding the sentencing of Roger Stone, the original recommendation, which had been made according to official guidelines, was for a sentence of 7-9 years in prison. Then it was changed, and ...
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5 votes
1 answer
340 views

Do Polish citizens support law that allows judges to be disciplined for criticizing the system?

Polish President Duda has adopted on October, 2nd 2020 a divisive law that allows judges to be disciplined for criticizing the system. The legislation, which has drawn condemnation from the European ...
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