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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31
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6answers
9k views

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 ...
31
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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 ...
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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 ...
29
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2answers
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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 ...
28
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5answers
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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 ...
28
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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 ...
27
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6answers
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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 ...
24
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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 ...
21
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4answers
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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 ...
21
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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 ...
21
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1answer
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 ...
21
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6answers
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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 ...
21
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1answer
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How was this person considered for a pardon in Iceland?

Iceland's government is collapsing. At the heart of this is apparently a scandal involving the Prime Minister's father, who vouched for the character of a convicted sex offender. Part of the story ...
20
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3answers
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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 ...
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4answers
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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 ...
16
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2answers
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Is retrospective legislation legal in Australia?

In 2011, the Commonwealth passed legislation making it a crime for recipients of social security to fail to report changes to their financial circumstances to Centrelink (our social security agency) ...
14
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2answers
404 views

Judicial Independence in Turkey

In the aftermath of the failed coup in Turkey nearly 3000 judges were "sacked" among them two members of the constitutional court (source for example this Washington Post article) as well as many ...
13
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1answer
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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 ...
12
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1answer
939 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): ...
12
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2answers
625 views

How do juror demographics compare with voter demographics in the US?

I am interested in seeing how the demographics of juries compare with voters in the United States. Is anyone familiar with any research in this area? In a perfect world voters would be defined as "...
11
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2answers
3k views

Who does the "Crown prosecutor of Russia" refer to?

In an email sent from Rob Goldstone to Donald Trump Jr. that was released by Trump Jr. on Twitter, it was mentioned in one email that the "Crown prosecutor of Russia" met with Aras Agalarov. The ...
11
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1answer
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 ...
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2answers
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What is the percent of Police Officers that are indicted by a Grand Jury?

In light of the Eric Gardner and Micheal Brown Grand Jury outcomes. I wanted to know what % of Police Officers are actually indicted by a Grand Jury. I found some interesting charts that may give ...
11
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1answer
244 views

When a U.S. administration decides to do a prisoner swap with another country, how does the US judicial system handle the request?

What are the mechanisms that are in play, for example in the recent swap of prisoners for the American citizens that were held in Iran? Is it a presidential pardon? Or is there some other ...
11
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1answer
187 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”) ...
11
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3answers
450 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 ...
10
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1answer
520 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 ...
10
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1answer
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Majority Opinion of Supreme Court cases

I am learning about US Government and the Judicial Branch. According to my course lesson, the Chief Justice of the Supreme Court will write the majority opinion if he is part of the majority or assign ...
10
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2answers
758 views

Can a U.S. Judge be removed for being wrong most of the time?

Suppose, in America, a federal Judge is nominated by the President, confirmed by the Senate, and then he/she is wrong a majority of the time: often in the minority if part of a panel, often overruled ...
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1answer
233 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 ...
9
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2answers
594 views

Who takes over oversight of the Russia investigation if Jeff Sessions resigns or is fired?

A few months ago, Attorney General Jeff Sessions recused himself from the FBI's Russia investigation, so Deputy Attorney General Rod Rosenstein became the Acting Attorney General for purposes of the ...
9
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1answer
326 views

When courts draw maps, do they gerrymander?

It's well known that when legislatures draw maps, the majority protects members of their own party. When courts do maps, do they do the same thing? If so, what are some modern-day examples where a ...
8
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How do proponents of the "Living Constitution" view respond to the argument that it undermines democracy?

Those who reject originalism as a judicial philosophy generally say that the Constitution is a "living document" which changes in meaning as society changes. Further, they believe that the Supreme ...
8
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3answers
806 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
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3answers
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?
8
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3answers
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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 ...
8
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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 ...
8
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1answer
558 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 ...
8
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5answers
344 views

What jurisdictions, if any, have preemptive judicial review of bills or laws, without a suit being brought challenging the law?

In the US, a court typically can only review a law if a case is brought, which generally requires a plaintiff with standing to sue. I seem to recall that some other country or countries have a system ...
8
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3answers
315 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 ...
7
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5answers
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?
7
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1answer
657 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 ...
7
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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?
7
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2answers
476 views

How can I obtain information about the candidates running for Judge in California?

Voters get to vote on retaining Judges in the State Court of Appeals and the State Supreme Court. But there is a dearth of information to make an "informed" decision. I can easily ascertain the ...
6
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2answers
384 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 ...
6
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1answer
247 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?
6
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2answers
182 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 ...
5
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2answers
467 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 ...
5
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1answer
326 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 a political ...
5
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1answer
334 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 ...