Questions tagged [judiciary]
Questions about those parts of governments which interpret and apply the law. Please use with an appropriate country-tag.
77
questions
0
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1answer
55 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 ...
6
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1answer
225 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?
2
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1answer
173 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 ...
1
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2answers
391 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 ...
26
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6answers
8k 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 ...
1
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0answers
28 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?
3
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1answer
73 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 ...
28
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5answers
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 ...
1
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0answers
98 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 ...
2
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1answer
180 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 ...
6
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2answers
302 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 ...
2
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1answer
109 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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1answer
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 ...
5
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2answers
439 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 ...
1
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0answers
221 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 ...
10
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1answer
226 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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1answer
116 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 ...
12
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1answer
1k views
Who has standing to sue for Emoluments violations?
Almost a week ago, the DC Court of Appeals threw out a lawsuit by two hundred out of five hundred thirty-eight congresspeople against the President, claiming that he has violated the Emoluments clause ...
21
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4answers
7k views
Is the number of federal judges appointed by Trump unusual?
Among the achievements of President Trump quoted by supporters and the White House itself is a drive to appoint federal judges. His recent letter to the Speaker of the House gives the number of 170 ...
4
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1answer
656 views
Can John Roberts rule on whether witnesses have to testify in the impeachment inquiry?
It was ruled today that Don McGahn, the former White House counsel, needs to testify in the impeachment inquiry. Like most things, I am guessing that this will probably be appealed, and could end up ...
2
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1answer
465 views
Can a President nominate a US Supreme Court Justice in anticipation of a sitting Justice's demise?
Say a Justice is barely hanging on to her life. Can a president nominate and the Senate confirm a Justice in anticipation of their death? Do they have to wait until the person dies? Can't it be a ...
29
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2answers
5k views
What does it mean that North Carolina's maps were thrown out but new ones weren't ordered drawn?
This article from NBC says this (emphasis mine):
A three-judge panel of state judges issued an order Monday barring state officials from using the current map for the coming elections, including ...
5
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1answer
447 views
Has the UK Parliament been successfully sued for passing or doing something deemed unconstitutional?
According to some "extrajudicial" comments by justices in R (Jackson) v Attorney General
, e.g.:
Lord Hope followed on from Lord Steyn
Parliamentary sovereignty is no longer, if it ever ...
3
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3answers
269 views
Conservatism and Executive Power
The Economist cites the philosopher and political theorist Michael Oakeshott to describe conservatism as "To be conservative... is to prefer the familiar to the unknown, to prefer the tried to the ...
3
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1answer
248 views
Can UK supreme court justices be evaluated ideologically?
The Guardian's play by play account of today in UK politics notes that Geoffrey Cox has raised the possibility of parliamentary confirmation of judicial appointments, as is done in the US, because of ...
16
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4answers
5k views
What jurisdiction do Scottish courts have over the Westminster parliament?
What jurisdiction do the Scottish courts have to declare the suspension of the Westminster parliament is illegal? Since the Scots and English legal systems are different, and nobody has suspended the ...
11
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1answer
179 views
What is the nature of the court's oversight of the U.K. Parliament?
A recent BBC article (Judge rejects temporary ban on Parliament shutdown ahead of full hearing) indicates that it is possible for a judge in the U.K. to issue an interdict (“similar to an injunction”) ...
3
votes
2answers
203 views
Is a state-level legal proceeding against a sitting president any less of a burden on the president?
As contrasted with a federal-level proceeding
One of the pillars of the 2000 Office of Legal Counsel (OLC) argument to support the shield of a sitting president against federal indictment is the ...
4
votes
1answer
187 views
In the United States, how large is the political spread of all federal judges in terms of rulings?
Background
I keep hearing about the important role of Federal Judges in the United States and how their rulings as a whole results in them being labeled as a judge with a particular political ...
2
votes
2answers
147 views
Is it common for judicial branch to add details on laws made by legislative?
In Indonesia, there is an article 112 of drug laws.
The article says that simple possession is punished with a minimum of 4 years in prison.
This is in contrast with article 128 that says that usage ...
20
votes
6answers
5k views
In American Politics, why is the Justice Department under the President?
This may sound like an easy question.
Legislators make laws, the executive executes laws and the judiciary judges laws.
Sounds simple.
I've heard that the Justice Department is under the executive ...
4
votes
1answer
82 views
How do special prosecutors leave their role?
In the US, how do special prosecutors leave their role? Are they appointed for a limited time, do they resign or get fired?
I've looked at Mueller's appointment letter but it doesn't mention a ...
10
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3answers
395 views
What limits exist to stop a grand jury being used to persecute a political opponent?
Grand juries are conducted in secret by prosecutors without the oversight of a judge. The reasons for the secrecy of these proceedings have been adequately covered here but I am curious as to what ...
3
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1answer
168 views
Roughly how many US state judges have been charged with obstructing federal justice?
The media reported that a Massachusetts judge was charged with obstructing federal ICE agents after she allegedly let an (illegal) immigrant escape literally through the back door of her court.
This ...
2
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2answers
159 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 ...
5
votes
2answers
252 views
Athens Court of Appeal Judgement 2658/79
Looking into the Cyprus problem, I keep running into quotes referencing the Athens Court of Appeal Judgement 2658/79 on March 21 1979.
The only legitimate source I could find, which also seems to be ...
21
votes
3answers
5k views
Why is Grand Jury testimony secret?
I’ve been following US news lately, and am quite confused about something that keeps coming up: why can’t grand jury testimony be released?
William Barr and others keep mentioning that a lot of the ...
2
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0answers
100 views
How are subpoena'd documents physically created?
I just wondered about the mechanics of how documents requested by subpoena or by congressional inquiry (eg Nadler's current request for Trump-related files from various agencies) are physically ...
3
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2answers
248 views
Why was SNC-Lavalin not offered a remediation agreement?
Recently, the government of Justin Trudeau in Canada has faced a scandal concerning political interference in the corruption prosecution of the Quebec construction company SNC-Lavalin. Prosecutors ...
3
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1answer
80 views
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-...
3
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2answers
659 views
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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1answer
188 views
Does President Trump's sister still draw a federal salary?
Maryanne Trump Barry was appointed as a federal judge to the U.S. District Court for the District of New Jersey in 1983, and elevated to its appeals court in 1999. She took senior status in 2011 and ...
3
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3answers
309 views
Instead of proposing a “dialogic process” for judicial review, why doesn't Mark Tushnet want to amend the Constitution as necessary? [closed]
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 like ...
3
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0answers
154 views
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 with the ...
4
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2answers
2k views
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?
5
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2answers
173 views
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 ...
10
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1answer
513 views
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 ...
4
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1answer
292 views
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 ...
3
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1answer
171 views
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 ...
1
vote
2answers
280 views
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,...
