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
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 ...
28
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 ...
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?
3
votes
1answer
182 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 ...
2
votes
2answers
486 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 ...
31
votes
2answers
6k views

Why were 2745 judges dismissed in Turkey?

According to the BBC at least 2,745 judges have been dismissed in Turkey, following the recent failed coup d'état attempt. Why? How were these judges involved in the coup attempt? And if they were ...
30
votes
6answers
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 ...
24
votes
2answers
11k views

What exactly did the federal judge do to Trump's executive order?

Source: The Hill U.S. District Court Judge Ann Donnelly ruled in favor of a habeas corpus petition filed by the American Civil Liberties Union (ACLU) on behalf of two Iraqi men who were ...
8
votes
3answers
1k views

Do DOJ regulations prohibit a Special Counsel from indicting the President?

I have seen many news articles mentioning that the Department of Justice has long argued that it cannot indict a sitting President; instead the appropriate course of action is for the DOJ to present ...
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 ...
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 ...
7
votes
2answers
296 views

Congress delegating statutory rewriting power?

Does the United States Congress have the power to authorize a court to rewrite a statute to save that statute from constitutional invalidity?
5
votes
1answer
311 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 ...
4
votes
3answers
1k views

Do any of the judges in USA (any jurisdiction) have to run for re-election?

Some of the judges in USA are elected positions. In those cases, there are 4 options: Position is elected for life Position is elected for a term and the person can't run again Position is elected ...
28
votes
2answers
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 ...
8
votes
3answers
816 views

Why does the US Supreme Court work this way?

Sorry for the non-descriptive title, but while I was typing a more descriptive one I realized it was going to be overly long. My understanding of the USSC appointments is that they are for life only ...
8
votes
2answers
1k views

If judges are supposed to be impartial, why are some elected if that risks them having biases towards their constituents?

It is my understanding that US judges are supposed to be impartial. Indeed, a common symbol of the justice system is Lady Justice wearing a blindfold as a symbol of this ideal. There are a number of ...
5
votes
1answer
7k views

Can a United States judge register to a political party?

Canon 5 of Code Of Conduct for United States Judges says the following. Does this mean that a judge cannot be a registered Republican or Democrat? Or is it okay as long as he/she does not participate ...
5
votes
1answer
472 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
1answer
235 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 ...
3
votes
0answers
158 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 ...
3
votes
1answer
257 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 ...
2
votes
0answers
168 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 ...
1
vote
1answer
219 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 ...
1
vote
1answer
92 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 ...