Questions tagged [judiciary]

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

Filter by
Sorted by
Tagged with
5
votes
1answer
125 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. The accepted ...
1
vote
0answers
84 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
161 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
254 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
91 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
97 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
435 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
220 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
225 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 ...
-3
votes
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
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
655 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
456 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 ...
5
votes
1answer
441 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
votes
3answers
264 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
243 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”) ...
3
votes
2answers
202 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
185 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
votes
3answers
393 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
165 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
224 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
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 ...
3
votes
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
votes
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
votes
2answers
656 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?
-1
votes
1answer
184 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
votes
3answers
302 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
votes
0answers
153 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
votes
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
votes
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
votes
1answer
509 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
votes
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
votes
1answer
166 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,...
3
votes
1answer
143 views

Impeachment of judges

What is the procedure when a judge is to be impeached by Congress? Is there a rule on the percentage of votes required when Congress votes?
2
votes
0answers
150 views

Why are the EU and Media so against Poland's court reforms, when other countries have similar systems [duplicate]

Following on from this this question - There is a lot of resistance from the EU and the mainstream media to Poland's proposed changes to the way Judges are selected. As I understand it, the current ...
4
votes
2answers
6k views

How often are US federal judges appointed who have never tried a case?

As brought up in this question, there appears to be a growing group of headlines tonight focusing on the fact that someone who has never tried a case is being nominated for federal judge. I know very ...
1
vote
1answer
174 views

In US law, what means are there to block a nominee approved by the Senate to become a District Judge?

This is about the nomination of Brett Joseph Talley to the position of District Judge of the United States District Court for the Middle District of Alabama. According to this article in the Los ...
3
votes
3answers
651 views

How do democracies maintain the independence of judiciary? [closed]

While a constitutional democracy requires an independent judiciary, the same cannot be elected by popular vote. One possible way is that the Executive head would appoint and promote the judges, but ...
20
votes
3answers
2k views

How does the judicial independence in Poland after the reforms compare to other EU countries?

There have been a lot of talks recently about the erosion of judicial independence in Poland after the new government has decided to change the way judges are nominated. However to me (as a Czech ...
8
votes
2answers
2k views

Why do countries maintain a Ministry of Justice?

https://en.wikipedia.org/wiki/Justice_ministry Why isn't having a Judiciary enough? Why do countries maintain a Ministry of Justice?