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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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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9 votes
2 answers
603 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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20 votes
3 answers
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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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8 votes
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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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11 votes
2 answers
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 ...
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8 votes
3 answers
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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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24 votes
2 answers
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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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3 votes
1 answer
111 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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8 votes
2 answers
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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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14 votes
2 answers
419 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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31 votes
2 answers
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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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8 votes
5 answers
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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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4 votes
1 answer
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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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11 votes
1 answer
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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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3 votes
1 answer
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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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10 votes
1 answer
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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 ...
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9 votes
1 answer
328 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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1 vote
2 answers
307 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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11 votes
2 answers
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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 ...
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5 votes
1 answer
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 ...
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4 votes
3 answers
203 views

How possible is it for a city's courts to assuage fiscal distress with extreme bail?

I'm watching a television murder mystery where the prosecutor asked for the suspect to post $1 billion bail. This leads me to question how possible it is for a city to use its court system to request ...
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12 votes
2 answers
701 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 "...
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8 votes
5 answers
364 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 ...
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4 votes
1 answer
708 views

In the U.S., what does it precisely mean that federal courts have limited jurisdiction?

In the U.S., what does it precisely mean that federal courts have limited jurisdiction? I ask because I'm unsure whether they can hear cases in which the president or the Congress are involved.
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3 votes
1 answer
8k views

The "Basic Structure" of the Constitution of India and the other constitutions

Indian Constitution has something called 'basic structure', defined by Basic Structure Doctrine. This doctrine is based on, and evolved from, the Supreme Court of India's decision in the most ...
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1 vote
3 answers
695 views

Is a jury entitled to find a defendant not guilty because the prosecution manufactured evidence?

If a jury decides that the prosecution has manufactured evidence against a defendant, are they entitled to find a defendant not guilty, even if they think that the defendant committed the crime they ...
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0 votes
1 answer
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How to determine if an acquittal should not have happened?

A lot of people are saying that George Zimmerman should not have been acquitted over charges relating to his shooting of Trayvon Martin. As far as I'm aware, people are arguing that Zimmerman was ...
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7 votes
2 answers
305 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?
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5 votes
3 answers
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 ...
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10 votes
2 answers
760 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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16 votes
2 answers
4k views

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) ...
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3 votes
1 answer
99 views

Are there some patterns as to which judges in US are elected and which are appointed?

It looks like some judges in the US (seems mostly on local level) are elected, whereas some (e.g. SCOTUS) are appointed. Is there a good, well-known pattern (based on judge level, locale, etc...) ...
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2 votes
3 answers
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Granting Search Warrants after the suspect has been pronounced dead [closed]

The recent mass shooting at a school in Connecticut weighs heavy on our minds, but when listening to the coverage I noticed something that I could never understand. When the state is prosecuting a ...
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2 votes
0 answers
763 views

What are some examples of "checks and balances" outside of the United States? [closed]

The three branches of the United States government (legislative, executive, and judicial) all participate in the governing process and in many cases can check the actions of another branch. Are there ...
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