Questions tagged [judiciary]
Questions about those parts of governments which interpret and apply the law. Please use with an appropriate country-tag.
107
questions
2
votes
1answer
187 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 ...
5
votes
1answer
143 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, ...
2
votes
0answers
43 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 ...
5
votes
1answer
238 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?
0
votes
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
votes
1answer
231 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
votes
1answer
176 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 ...
2
votes
2answers
398 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 ...
27
votes
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
vote
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?
2
votes
1answer
75 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 ...
29
votes
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
vote
0answers
99 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
votes
1answer
181 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
votes
2answers
308 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
votes
1answer
110 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?
-2
votes
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
votes
2answers
443 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
vote
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
votes
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 ...
2
votes
0answers
73 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 ...
-3
votes
1answer
117 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 ...
5
votes
1answer
240 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 ...
12
votes
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
votes
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
votes
1answer
678 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
votes
1answer
466 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
votes
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 ...
2
votes
1answer
119 views
Does any other Latin American country have a justice system in which the security forces can only be prosecuted by military courts?
According to a 2016 Amnesty article, the Chile justice system encourages brutality from the security forces because
Chile’s military courts, which deal with cases of human rights violations committed ...
5
votes
1answer
454 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 ...
4
votes
3answers
270 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
votes
1answer
252 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
votes
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
votes
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”) ...
2
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 ...
2
votes
1answer
126 views
How does jurisdiction of international courts work?
My understanding is that states who are signatories to international court are bound to respond to a lawsuit brought against them by another member state. Is that correct assessment?
Or it’s case by ...
4
votes
1answer
189 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 ...
21
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
83 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
votes
3answers
396 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
votes
1answer
169 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
votes
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
281 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 ...
5
votes
2answers
313 views
What happens if EU chooses a prosecutor that is not allowed to leave her country?
The main favorite in getting the EU prosecutor job (Kovesi) has been accused of corruption in Romania:
Romanian magistrate Laura Codruta Kovesi, a hot favourite to become
the EU’s first-ever top ...
3
votes
1answer
93 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 ...
3
votes
1answer
174 views
Why don't the high courts in Romania always issue the motivation for their decisions immediately?
On numerous occasions, the media presents the High Court's decisions about public figures or entities and mentions that the motivation/justification for their ruling will come sometime in the future.
...
6
votes
1answer
612 views
Henry Kissinger and the International Criminal court
The International Criminal Court was created by the Rome Statute in 1998, entered into force in 2002 and is currently ratified by 124 nations. This is the court par excellence, for prosecuting crimes ...
2
votes
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 ...
