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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Companies carrying out private investigations and prosecutions

For a number of month, the British Post Office scandal has been a leading item in British news largely thanks to a an ITV television drama. For those who don't know about the scandal, the short ...
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7 votes
3 answers
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For countries without written constitutions, what power does the judiciary have to control laws passed by government?

In countries, such as the US, with written constitutions, courts can strike down laws they consider to be unconstitutional. For example, a law that prohibited people saying "hello" would be ...
Ben Cohen's user avatar
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2 votes
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When did Pakistani newspapers first publicize allegations of "un-Islamic marriage" against Imran Khan?

I don't follow Pakistani politics closely, so I was a bit surprised that Imran Khan was recently sentenced for "un-Islamic marriage". I do recall that cases/allegations of corruption against ...
the gods from engineering's user avatar
22 votes
4 answers
5k views

Why do you need to get court records transcribed to find out what was said?

It is in the news that it is very expensive for victims to access transcriptions of court proceedings of which they were present. For example one rape survivor said she was quoted £7,500 for the ...
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1 vote
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What makes Slovakia's prosecutor general "pro-Russian"?

According to AP: Fico himself faced criminal charges last year for creating a criminal group and misuse of power, but Slovakia’s pro-Russian prosecutor general stepped in and threw out the indictment....
the gods from engineering's user avatar
-2 votes
1 answer
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What are some of the amendments made to reduce the ideological influence on the North Korean judiciary?

The penal code is based on the principle of nullum crimen sine lege (no crime without a law), but remains a tool for political control despite several amendments reducing ideological influence.[4] ...
Sayaman's user avatar
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2 votes
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Which "Bar" eviscerated US District Judge Aileen Cannon after granting the special master review of documents?

In CNN"s July 20, 2023 See ex-GOP lawmaker's reaction to Trump's trial date after 07:50 is the following exchange between CNN's Anchor and Chief Political Correspondent Dana Bash and Senior Legal ...
uhoh do I really dictate's user avatar
15 votes
11 answers
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Why is there no mechanism for disciplining judges whose decisions get overturned because they make errors of law?

As per these Law.SE questions (one, two), judges whose decisions get overturned on appeal experience no repercussions other than getting their egos hurt and, sometimes, name-shame/outrage in the media....
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4 votes
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What would happen if the FDA refused to follow the order on mifepristone?

Yesterday a Texas judge said the FDA’s 2000 approval of mifepristone – one of the drugs used to terminate a pregnancy – must be halted. What would happen if the FDA said they refuse to follow that ...
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2 answers
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In what sense did Trump put a notch on his belt? [closed]

The following extract is from UStoday site: Trump's lawyer, Joe Tacopina, told NBC's "Today" show on Friday that Trump was initially "shocked" when notified of the grand jury's ...
user 66974's user avatar
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Is Judicial activism legitimate? [closed]

Is it preferable for a judiciary to interpret laws against the drafter's intent for reasons such as protecting minority rights or avoiding arbitrary use of the law? What are the effects of this?
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A country without judicial oversight (over the constitution)

Marbury v Madison is a United States Supreme Court decision which (among others, I'm cherrypicking) establishes the power of the judiciary to be the final authority on deciding what the constitution ...
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Female Participation in Judicial Systems

I was browsing the list of Chief Justices of the apex court of India and found that none of them have been female. Moreover, there are only 4 sitting female judges in the Supreme Court out of the ...
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6 votes
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Which Trump-appointed judge allegedly "sat on the lawsuit for two and a half years" related to Trump's tax returns, and did they really sit on it?

After 00:33 In the CNN video Lawmaker explains what Democrats are planning to do with Trump's tax documents "Rep. Lloyd Doggett (D-TX), who sits on the House Ways and Means committee, explains ...
uhoh do I really dictate's user avatar
10 votes
1 answer
322 views

Can Indian state or central governments refuse to comply with court decisions, and if so, what are the consequences?

Usually, the Government (states or Central) comply with the orders of the High Courts or the Supreme Court. I'm having trouble finding answers for a very simple question - What are the consequences of ...
Gary 2's user avatar
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Has anybody campaigned on reforming the judiciary?

I am struggling to come up with a name of a politician who has ever campaigned on the intention to reform the judiciary (not the justice system in general). Such a campaign, for instance, would ...
Greendrake's user avatar
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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, ...
TheReal_Skywalker's user avatar
1 vote
1 answer
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(Why) has China's judiciary started to issue "anti-suit injunctions" against EU companies only in 2020?

According to the EU, the basis of their DS611 complain against China at the WTO is that: Since August 2020, Chinese courts have been issuing decisions – known as ‘anti-suit injunctions’ – to exert ...
the gods from engineering's user avatar
1 vote
0 answers
52 views

Is there any incident where the BJP government influenced the judiciary?

There are two incidents that come to my mind: The Babri Mosque trial The Rafale corruption trial Is there any evidence that suggests that the BJP government influenced the judiciary to take the ...
user366312's user avatar
-2 votes
1 answer
106 views

Is Pakistan Army able to influence the judiciary in Pakistan?

Is Pakistan's army able to influence the judiciary in Pakistan so that they can control state and civil affairs? If yes, can you give me any good examples of that with proper references and citations?
user366312's user avatar
3 votes
1 answer
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Would Roe V. Wade have been overturned even without Dobbs V. Jackson triggering the Judicial Review?

I have meager knowledge of US Politics, even less of US Laws. I am curious to know whether The SCOTUS was actively considering overturning Roe V. Wade and Dobbs V. Jackson was just a "happy"...
Prem's user avatar
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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 ...
user366312's user avatar
12 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, ...
uhoh do I really dictate's user avatar
6 votes
2 answers
860 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 ...
uhoh do I really dictate's user avatar
2 votes
1 answer
160 views

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 ...
Schwarz Kugelblitz's user avatar
2 votes
2 answers
314 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, ...
WS2's user avatar
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1 vote
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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 ...
Pablo's user avatar
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3 votes
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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&#...
uhoh do I really dictate's user avatar
1 vote
3 answers
331 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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35 votes
6 answers
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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 ...
Allure's user avatar
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-1 votes
4 answers
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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 ...
Ray's user avatar
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8 votes
3 answers
479 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 ...
the gods from engineering's user avatar
21 votes
1 answer
5k views

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 ...
QuantumWalnut's user avatar
-6 votes
2 answers
258 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 ...
user avatar
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 ...
uhoh do I really dictate's user avatar
4 votes
1 answer
338 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 ...
uhoh do I really dictate's user avatar
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 ...
Sneftel's user avatar
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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 ...
Neil Meyer's user avatar
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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?
user2501323's user avatar
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5 votes
1 answer
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Have the salaries or benefits of members of the Constitutional Court ever been decreased in a 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 ...
Alexei's user avatar
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3 votes
2 answers
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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 ...
EveryoneElse's user avatar
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5 votes
1 answer
402 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 some kind of ...
Sayaman's user avatar
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8 votes
1 answer
628 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 ...
Panda's user avatar
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12 votes
1 answer
988 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): ...
uhoh do I really dictate's user avatar
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 ...
Dave's user avatar
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3 votes
1 answer
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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 ...
fdkgfosfskjdlsjdlkfsf's user avatar
4 votes
1 answer
298 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 ...
TenthJustice's user avatar
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4 votes
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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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2 votes
1 answer
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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 ...
Random Person's user avatar
5 votes
1 answer
241 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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