41
votes
Accepted
Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?
First, the House and Senate operate however it is their rules say they operate. They can change how committees are apportioned by simply changing the rules. As-is, the few third party or independent ...
- 16.5k
15
votes
How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?
I will reference the United Kingdom in my answer, which uses the principle of parliamentary sovereignty.
In the United Kingdom, the role of the judiciary is not to determine whether a law is valid. ...
- 27.8k
14
votes
Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?
Would it be allowable for current justices to be removed if, say, 6 of the 9 were deemed "Republican"? (Wikipedia says a previous law that would have shrunk the court only did so on the next vacancy)
...
- 89.3k
11
votes
Why is the head of juridical power not directly elected?
I think, if judges are also elected, then there is a better guarantee for democracy. Is that true?
No, it is not true. Elected judges is a bad idea, whether it's the local district judge or the US ...
- 12.6k
10
votes
Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?
Is there a constitutionally valid way to enshrine a system of equal Democrat and Republican representation in the Supreme Court (with a ""neutral"" third portion)?
Yes. It is called amendment.
The ...
- 17.4k
9
votes
How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?
Here is a fourth question with basically the same answer:
The executive branch is fundamentally the most powerful one, because it has guns while the others don't. Why does the executive branch simply ...
- 1,457
6
votes
Why is the head of juridical power not directly elected?
Why do you think that would be a good idea? Being a judge is a highly technical skill and how would the general electorate know which judge candidate was best qualified to sit on a supreme court? ...
6
votes
How does granting immunity to an already imprisoned person fit with judicial independence?
How does granting immunity to an already imprisoned person fit with judicial independence?
Judicial independence is a concept that protects the judiciary from undue influence by the other branches.
...
- 13k
4
votes
How is the prosecution of SNC-Lavalin risking 9000 jobs?
So it seems nobody really knows that, or those who know don't speak:
ReNew Canada, which covers public infrastructure in the country, says that while a conviction would hit the firm's bottom line, ...
- 145k
4
votes
How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?
The UK uses practical steps rather than a written constitution to maintain judicial separation from the executive
One of the key difficulties many have in judging the UK constitution is that the rules ...
- 3,629
3
votes
Has a U.S. president (or other politician) commenting on a criminal case ever actually led to a major setback for the prosecution?
Without diving into court statistics, the answer is: probably, though it's impossible to be sure. What Biden was trying to avoid by waiting to comment on the case was the appearance of unduly ...
- 16.4k
3
votes
Accepted
What exactly is the "Trout" in this D.C. Circuit Court of Appeals opinion? Does it suggest a political motive of a judge?
The Thoreau analogy points to the idea that some pieces of circumstantial evidence are more convincing or robust than others. Following the analogy, there are a number of pieces of circumstantial ...
- 67.7k
3
votes
Accepted
How does granting immunity to an already imprisoned person fit with judicial independence?
If the justice system turns out not to be as independent as one would have hoped (especially relative to the executive), parliamentary immunity acts as a safeguard for the legislators' independence:
...
- 145k
3
votes
Accepted
Is there a correlation between nationalism/conservatism and lack of judicial independence/rule of law?
First, allow me to make a distinction between terms that are often conflated:
A state is a political unit that controls a more or less well-defined physical territory, such that all the people who ...
- 67.7k
2
votes
Accepted
What do we know about the effects of lay participation in courts? (empirically)
Looking at the references in the linked paper, this paper itself does not do a credible job of answering the question that it poses for itself. It is essentially using only correlations with national ...
- 73.4k
2
votes
How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?
How does the judicial branch conduct constitutional review under
parliamentary supremacy? If judges can't strike down laws on the
ground that they violate constitution, does that mean Parliament is
...
- 73.4k
2
votes
How is judicial independence maintained under the principle of parliamentary sovereignty / supremacy?
(UK)
But how can a judiciary be independent if the Parliament can just overrule its decision any time? Doesn't that make the judiciary essentially toothless?
This relies on a "gentleman's ...
- 22k
2
votes
Is it common in the West for immigration judges to be subordinated to the attorney general (equivalent)?
In Germany judges cannot be fired by the Attorney General (Justizminister).
In the German immigration system an employee of the Bundesamt für Migration (Federal Office for Migration) decides whether ...
- 719
1
vote
Is it common in the West for immigration judges to be subordinated to the attorney general (equivalent)?
Canada has ten "citizenship judges", but they don't seem to be judges in the usual legal sense. Unlike justices of the peace, for example, they are not judicial officers.
As far as I can tell, they ...
- 4,366
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