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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3
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1answer
170 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 ...
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2answers
165 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 ...
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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 ...
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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 ...
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2answers
441 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 ...
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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
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1answer
197 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. ...
7
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1answer
630 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 ...
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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 ...
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249 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
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1answer
81 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-...
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667 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?
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1answer
189 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 ...
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458 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 ...
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312 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 ...
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155 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 ...
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793 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 ...
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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?
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175 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 ...
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1answer
517 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 ...
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1answer
304 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 ...
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1answer
174 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 ...
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2answers
1k views

How would a trial occur if two political bodies investigate the same crime?

Background In the United States, there is plentiful news of investigations of high profile people. In particular, some issues, like the Hillary Clinton Email Scandal have resulted in investigations ...
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400 views

Is there a correlation between nationalism/conservatism and lack of judicial independence/rule of law?

Note: I am mostly thinking about Europe and North America and I would like to hear about studies/articles concerning any of these states In the last years, EU have faced several cases of countries ...
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177 views

What are some arguments opposing the criminal justice system reform? [closed]

As in, the idea that there should be major changes to the criminal justice system because of its high incarceration rate and high racial disparity. I'm researching the criminal justice system reform ...
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2answers
281 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,...
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145 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?
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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 ...
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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 ...
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1answer
194 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 ...
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3answers
663 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 ...
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1answer
4k views

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 ...
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553 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 ...
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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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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?
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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 ...
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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 ...
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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 ...
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1answer
106 views

Why is driver's test privatization in purvue of Israel's Supreme Court?

So this minor news article ("High Court order against privatization of driving tests") caught my attention, by the fact that it seems like such a strange and insignificant topic to rise to Supreme ...
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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 ...
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403 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 ...
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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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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 ...
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1answer
679 views

US Courts of Appeals - What are the roles of the Circuit Justices?

I was reading the Wikipedia page for the U.S. Court of Appeals for the Second Circuit when I noticed that a "Circuit Justice" (in this case, Ruth Bader Ginsburg) was mentioned. I then found the page ...
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1answer
239 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 ...
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1answer
133 views

Is “Justice of the Peace” an official in the administration of justice in England?

Is "Justice of the Peace" an official in the administration of justice in England? What about the Arbitrators and Juries? Do we consider them officials in the administration of justice?
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1answer
2k views

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 ...
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1answer
220 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 ...
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2answers
305 views

If judges are appointed, why should law makers be elected? [closed]

I'm from the UK. I think the following reasons are why we appoint judges instead of electing them: Appointed judges make decisions that are more independent and unbiased, because they only care about ...
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2answers
4k views

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 ...