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Topic: Judicial power



  
 Judicial review - Wikipedia, the free encyclopedia
Judicial review of federal and state legislation for constitutionality is established by Section 76 of the Constitution of Australia, making the High Court of Australia the second court in the world to exercise this power, after the US Supreme Court.
The ultimate court for deciding the constitutionality of federal or state law under the Constitution of the United States is the Supreme Court of the United States.
Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice.
http://en.wikipedia.org/wiki/Judicial_review   (3322 words)

  
 Section 1. Judicial power vested in enumerated courts; courts of record; seals.
The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, and a District Court.
Judicial power vested in enumerated courts; courts of record; seals.
Power which a court possesses to hear and determine cases, other than that which is inherent in it, is delineated by the applicable constitutional and statutory pronouncements.
http://www.elections.state.md.us/citizens/law/mdcartiv/mdcartiv-1.htm   (2545 words)

  
 Law & Society Review: Judicial Power in Russia: Through the Prism of Administrative Justice
This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party.
Judicial authority is connected to the court's legitimacy and the reservoir of diffuse public support for courts as institutions, as well as to variations in public approval of a court's current work.
Judges or courts are powerful to the extent that they have legal jurisdiction to hear disputes of public importance (constitutional matters, administrative cases, commercial cases, political crime, etc.).
http://www.findarticles.com/p/articles/mi_qa3757/is_200409/ai_n9435400   (1095 words)

  
 Judiciary - Wikipedia, the free encyclopedia
The judiciary, also referred to as the judicature, consists of the system of courts of law for the administration of justice and to its principals, the justices, judges and magistrates among other types of adjudicators.
The primary function of the judiciary is to adjudicate legal disputes.
Civil law judges also refer to the interpretation of codal provisions and they look for an underlying rationale not only in the particular text, but its relationship to the whole structure of the code as an organizing structure that reflects order in a civil society.
http://en.wikipedia.org/wiki/Judicial_power   (600 words)

  
 Tocqueville: Book I Chapter VI
The political power which the Americans have entrusted to their courts of justice is therefore immense, but the evils of this power are considerably diminished by the impossibility of attacking the laws except through the courts of justice.
The judicial organization of the United States is the institution which a stranger has the greatest difficulty in understanding.
Within these limits the power vested in the American courts of justice of pronouncing a statute to be unconstitutional forms one of the most powerful barriers that have ever been devised against the tyranny of political assemblies.
http://xroads.virginia.edu/~HYPER/DETOC/1_ch06.htm   (2367 words)

  
 The History and Evolution of Judicial Independence - An Independent Judiciary- Report of the ABA Commission on ...
As with judicial criticism, efforts to strip the courts of jurisdiction have risen and receded in cycles.
Congressional authority to regulate the lower federal courts' practice, procedure, and administration, derives from its power to constitute (or not to constitute) the federal courts, which, when taken in combination with the "necessary and proper" clause, is thought to include the power to regulate the operations of whatever lower courts Congress sees fit to create.
The provisions for judicial tenure during good behavior and a compensation that could not be diminished were a part of the proposed Constitution from the very beginning and do not appear to have been seriously threatened during either the convention or ratification debates.
http://www.abanet.org/govaffairs/judiciary/rhistory.html   (2326 words)

  
 PRECEDENT AND JUDICIAL POWER AFTER THE FOUNDING
Although Anastasoff is limited to federal courts, some state constitutions are worded similarly to Article III in that they extend judicial power to the courts of their state.
Although courts have considered the term “judicial power” in Article III to impose constraints in other ar[*PG113]eas,141 no one has suggested before that the notion of judicial power includes an obligation to respect precedent, however undefined this obligation may yet be.
We now must consider the argument that, at least for the federal courts, the rules are beyond the courts’ judicial power to the extent they deny the precedential value of prior decisions.
http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/42_1/02_TXT.htm   (11168 words)

  
 Judicial Review and the Supreme Court
The act to establish the judicial courts of the United States authorizes the supreme court "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
It is also possible that the framers thought the power of judicial review was sufficiently clear from the structure of government that it need not be expressly stated.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm   (769 words)

  
 [No title]
Appellate Jurisdiction—Congressional Power The Supreme Court's appellate jurisdiction is vested by Art.
However, this is not a regulatory power and "penalties" may not be imposed in the guise of taxes.
The Tenth Amendment Powers that were previously exercised by the states which are not delegated are reserved to the states or to the people.
http://home.regent.edu/kelisim/constitutional.doc   (15470 words)

  
 [No title]
 Judicial discretion, always subject to the corrupt choice, is a matter of judicial integrity, the ultimate ground of justice.
  This means that the power of judicial review, like the power of discretionary choice between conviction and acquittal, is the power to deny consent to choices, not the power to compel or punish choices.
            Judicial review of the Order for Judgment of Acquittal is about the power of judicial review.
http://www.newnorth.net/~rrsyre/historya.htm   (1143 words)

  
 WorldNetDaily: Alan Keyes
The executive has the exclusive power of direct action, but no lawful authority to act apart from the provisions of the laws and the Constitution, or the specific judgments of the judiciary.
Just as the separation of powers principle precludes legislative efforts to decide particular cases before the judiciary, so it precludes any judicial claim to decide conclusively for the executive how he fulfills the duty to defend the integrity of constitutional self-government, including of course the rights of individual citizens.
Any legislative action that simply reverses judicial judgment in a particular case is on the face of it unconstitutional.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43472   (5586 words)

  
 Of judicial power
It is this turnaround in the exercise of judicial power affecting millions of people on whom 'legality' and the power of the law were directed to fall as does a hatchet, that has provoked reaction.
When we allow the court to acquire so much power, the question that arises is, to whom is the court accountable and how is such accountability reinforced?" And he says: "The answer according to me is that a constitutional court has to continuously strive to sustain its own legitimacy.
In the first seven to eight years of PIL, there was an attempt by the Supreme Court to push for an acceptance of the rights of the dispossessed on a non-adversarial agenda.
http://www.thehindu.com/fline/fl1906/19060300.htm   (1192 words)

  
 The End of Democracy?
Moreover, legislative, executive, and judicial officers in the states are ordered by the Court to prevent the application of laws and policies of citizens on no other ground than the citizen's moral or religious motivations.
The federal courts have shifted the power to themselves as branches of the federal government, and politicized the issue at a new level of significance.
It can be pointed out that this is a reckless kind of polity-allowing the Court to define the nature and scope of political power on an ad hoc basis, without benefit of the debates of a legislative assembly or a constitutional convention, and without the contest of facts typical of an ordinary trial court.
http://www.firstthings.com/ftissues/ft9611/articles/eodmaster.html   (16305 words)

  
 SUMMA THEOLOGICA: Does the judicial power correspond to voluntary poverty?
Thus judicial power corresponds to poverty, in so far as this is the disposition to the aforesaid perfection.
Or we may reply that poverty does not suffice alone to merit judicial power, but is the fundamental part of that perfection to which the judicial power corresponds.
Therefore the sublimity of the judicial power is more in keeping with martyrs and virgins than with those who are voluntarily poor.
http://www.newadvent.org/summa/508902.htm   (1098 words)

  
 Comment on TRIMMING JUDICIAL POWER
Not a lawyer, of course, but I thought the point of the power of the judiciary was to enforce the baseline rules that the *Constitution* delineates.
The propriety of judicial review is a debate for another day, although those who reject it are pretty clearly in the minority.
The way I read your post is basically saying that what we call "judicial activisim" is not only OK but actually *required* to "protect" the minority from the ever-looming "tyranny of the majority".
http://www.beggingtodiffer.com/mt/mt-comments.cgi?entry_id=2682   (636 words)

  
 [No title]
In Carrese’s view, the principal explanation for the growth of the judicial power B and the transformation in judging and legal interpretation that accompanied it B can be found in the proto-legal realism of Oliver Wendell Holmes and its broad diffusion throughout the legal culture by the mid-twentieth century.
In particular, Carrese reminds us that Montesquieu was the first theorist to propose an important judicial branch and function institutionally discrete from the legislative and executive powers and that Locke, in contrast to Montesquieu, considered judicial power to be a mere sub-set and institutional sub-division of legislative power.
Finally, curiously absent from Carrese’s study is any clear discussion of the distinction (both analytical and historical) between what one might call a mere judicial review in a co-ordinate model of constitutional assessment and a supreme judicial review (i.e., judicial supremacy in rendering constitutional issues).
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/Carrese903.htm   (1933 words)

  
 Sources of Judicial Power
The power is limited becasue the legislature has the final say as to the content of the law.
The hierarchy in most jurisdictions consists of a trial court, an intermediate court, and a court of last resort.
The vertical power of the courts lies in the hierarchial nature of the system.
http://www.students.dsu.edu/schlimc/undercaselaw.htm   (117 words)

  
 Blinding Justices - Does the Constitution allow us to scrap the judiciary? By Rod Smolla
Congress could not use its power to regulate federal court jurisdiction, for example, to declare that while the courts may hear civil rights cases, they may only hear them when they are brought by white people.
Lower courts owe their existence to Congress, they argue in op-eds across the land, and Congress thus has plenary power to limit the jurisdiction of lower federal courts as it pleases.
But there is something wrong with stealth efforts to overrule the courts, using phony jurisdiction laws to manipulate judicial outcomes.
http://slate.msn.com/id/2090717   (1330 words)

  
 Judiciary
The Assize Court (Permanent Assize Court for all Districts).
In criminal matters the jurisdiction of the District Court is exercised by the members sitting singly and is of a summary nature.
A President or a Senior District Judge or a District Judge sitting alone has power to try any offence punishable with imprisonment up to 3 years or with a fine up to C£2.000, or with both, and may order the payment of compensation up to C£3.000.
http://www.kypros.org/PIO/cygov/judiciary.htm   (429 words)

  
 Bynkershoek: Whether Magisterial and Judicial Power Can Be Delegated
It is agreed that in Roman law the magistrate's power (imperium) of life and death, which was called merum, could not be transferred, while judicial power (jurisdictio) and the power attached to it, which is called mixtum, could be delegated.
IT is a question of public law whether, and if so to what extent, a magistrate or a judge can delegate to another the power or jurisdiction that has been given to him.
Indeed, if judges in Holland and Zealand were permitted to delegate to another the authority given to them, this ought particularly to be allowed the judges of the court which holds sessions at The Hague in the name of Holland, Zealand, and Friesland.
http://www.lonang.com/exlibris/bynkershoek/bynk-212.htm   (1602 words)

  
 Law professor discusses judicial review power of supreme court
At the state level, judicial review -- the power of a court to declare a legislative act to be unconstitutional -- was only just emerging in the early years of the republic.
Whatever the justices may do in future cases, it is hard to imagine the Court as presently constituted declaring that there is no constitutional basis, in general, for some notion of personal privacy.
A distinguished legal scholar discusses the Court's application of judicial review over its 220-year history, including examples from the 19th century to the present.
http://www.arabicnews.com/ansub/Daily/Day/050504/2005050436.html   (1816 words)

  
 THOMAS A. BOWDEN: Power of judicial review
BY THOMAS A. As the Supreme Court hears argument in the Ten Commandments cases, conservatives can be heard voicing their familiar complaints against "judicial activism," the supposed tendency of judges to override majority rule by writing their own subjective beliefs into law.
One of the cases arose in Kentucky, where framed copies of the Commandments hang in a courthouse hallway, and the other in Texas, where a stone monument, 6 feet high, carved with the Commandments' text, adorns a walkway linking the state's capitol and highest court.
If the Supreme Court finds that state-sponsored displays of the Ten Commandments violate the First Amendment's guarantee of freedom from the establishment of religion, the Court should unapologetically exercise its power of judicial review and order their immediate removal.
http://www.freep.com/voices/columnists/ebowden2e_20050302.htm   (845 words)

  
 Ezra Klein: Judicial Review And Democracy II: The Legislative Source of Judicial Power
Congress both failed to use tools at their disposal to retaliate against judicial policy-making, and passed various measures that expanded the authority of the courts.
Although we think of institutions as maximizing power, it is not uncommon for legislatures to delegate and defer power to the courts, just as they do to executive agencies.
Jeremy Waldron’s objections to judicial review—which I actually find problematic in a number of respects—fall into this category.
http://ezraklein.typepad.com/blog/2005/06/judicial_review_1.html   (869 words)

  
 The Case or Controversy Requirement of Article III
The case-or-controversy limitation on the judicial power also generally prevents a federal court from deciding a question that once affected the rights of litigants, but no longer does.
The Court has said that were it to accept jurisdiction in such a case, it would be rendering an advisory opinion in violation of the Constitution's command that the federal judicial power is limited to real cases and controversies.
The Court divided 4-1-4 in Vieth on the issue of whether judicially manageable standards existed that could be used to decide such cases.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/caseorcontroversy.htm   (2997 words)

  
 Rebuffing Bush, preserving judicial power The San Diego Union-Tribune
Instead, the court decided the case on technical procedural grounds, ultimately remanding the case to the lower court.
The lineup of the justices in these cases is intriguing.
It makes sense to view the "swing" justices – O'Connor and Kennedy – in these cases as exercising legal and political judgment in order to maintain an adequate measure of judicial authority.
http://www.signonsandiego.com/uniontrib/20040701/news_lz1e1rodrigue.html   (704 words)

  
 Power Line: Judicial independence and pragmatism
But Ponnuru and George deny that judicial independence means that the courts' say on constitutional meaning cannot be challenged, or that it is fixed for all time.
Nor does it mean that the only legitimate methods of checking the power of courts are through appointment and amendment (as Chief Justice Rehnquist has suggested).
Whether Congress should resort to this check (and others) depends on its efficacy and on whether the courts are acting abusively.
http://www.powerlineblog.com/archives/010422.php   (453 words)

  
 "Judicial" Defined & Explained
Judicial sales are such as are ordered by virtue of the process of courts.
But a state legislature cannot annul the judgments, nor determine the jurisdiction of the courts of the United States; nor authoritatively declare what the law is, or has been, but what it shall be.
The U.S. Constitution declares that, "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the congress may, from time to time, ordain and establish." Art.
http://www.lectlaw.com/def/j047.htm   (223 words)

  
 New Statesman: Can we trust the judges? - judicial power
But the real test will be judicial behaviour in the wake of the Human Rights Bill, which the government claims will "bring rights home" from Europe.
Instead of having to wait up to six years before their case is heard in Strasbourg, Britons will be able to have any breach of basic rights assessed at home.
When the courts granted an injunction to stop newspapers publishing material from Spycatcherin 1987, a young barrister said the case showed the "inherent conservatism of the judges".
http://www.findarticles.com/p/articles/mi_m0FQP/is_n4361_v126/ai_20201076   (1351 words)

  
 SSRN-Article I Tribunals, Article III Courts, and the Judicial Power of the United States by James Pfander
The judicial department has preserved the inferiority of Article I tribunals with a variety of tools - including habeas corpus, mandamus, and officer suit litigation.
The Article further suggests that the constitutionality of Article I tribunals requires that the tribunals remain inferior to the judicial department of the United States.
In particular, the Article contends that Congress may constitute inferior tribunals to hear matters that it has structured to fall outside the judicial power of the United States under Article III.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=533862   (590 words)

  
 JUDICIAL POWER
Laypeople who have a substantial amount of wealth—and thus the ability to purchase the time and efforts of as many lawyers as are needed—may find that the legal and judicial system brings them advantages—either justice or the ability to evade justice.
° Judicial power: power to apply laws to individual cases.
Sometimes, not with any regularity, the legal and judicial system actually does block an unjust mistreatment of a disadvantaged person.
http://www.ngcsu.edu/bdf/bfried/Justc.htm   (1145 words)

  
 ARTICLE X - OF THE JUDICIAL POWER
-- The judicial power of this state shall be vested in one supreme court, and in such inferior courts as the general assembly may, from time to time, ordain and establish.
It shall have power to issue prerogative writs, and shall also have such other jurisdiction as may, from time to time, by prescribed by law.
Jurisdiction of supreme and inferior courts -- Quorum of supreme court.
http://www.rilin.state.ri.us/gen_assembly/RiConstitution/C10.htm   (267 words)

  
 The Claremont Institute: Tipping The Scales
The author of Commentaries on the Laws of England understood Montesquieu's project of "quietly elevating judicial power and redefining liberalism in juridical terms." A stable, enduring constitutionalism based on separation of powers protects liberty, and the legal prudence of the judiciary best understands how to protect "natural right" for individuals in specific cases.
And he demonstrates, as well, that sound judgment on issues of judicial power and individual rights depends on a careful balance of "complex constitutionalism, the rule of law, and principles of natural right."
There is no question that he stands on the side of those who wish to rein in judicial activism.
http://www.claremont.org/writings/crb/winter2003/wolfe.html   (1539 words)

  
 JUDICIAL POWER PLAY [Free Republic]
Asserting that their power to interpret statutes encompasses the power to reshape them, they boldly plowed ahead with only the most perfunctory discussion of the limits imposed by the U.S. Constitution.
The dissenters on the Florida court were well aware of the foolhardiness of such a course.
And this from a court that had already exercised its power with reckless abandon.
http://www.freerepublic.com/forum/a3a31f75b41ca.htm   (896 words)

  
 FindLaw: U.S. Constitution: Article III
Power to Issue Writs: The Act of 1789
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
http://caselaw.lp.findlaw.com/data/constitution/article03   (754 words)

  
 Ben's Guide (9-12): Branches of Government -- Judicial Branch
Judicial review is not an explicit power given to the courts but it is an implied power.
Courts decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution.
This court is the highest court in the country and vested with the judicial powers of the government.
http://bensguide.gpo.gov/9-12/government/national/judicial.html   (159 words)

  
 The Becker-Posner Blog: Grokster and the Scope of Judicial Power-BECKER
This work is licensed under a Creative Commons License.
This form of legal remedy should be used but rarely.
Listed below are links to weblogs that reference Grokster and the Scope of Judicial Power-BECKER:
http://www.becker-posner-blog.com/archives/2005/07/grokster_and_th.html   (1682 words)

  
 Plea Bargaining: An Unconstitutional Delegation of Judicial Power to the Executive Branch of Government; a Free-Market ...
They readily learn that the way to become elected or appointed to Congress, the state or local Legislature, a judgeship, district attorney or U.S. Attorney position or other governmental office, is to get and publicize convictions, and to maintain that they are just in spite of overwhelming evidence to the contrary in too many cases.
When there is no standard, the matter becomes a "political" issue, one in which the courts have no power to intervene.
The criminal prosecutors achieve or expect to achieve fame, fortune and power by racking up criminal-case victories regardless of the guilt or innocence of the accused under existing principles of law.
http://www.lawmall.com/pleabarg   (4854 words)

  
 SSRN-The Original Meaning of the Judicial Power by Randy Barnett
It is equally important that these nonoriginalists are made aware of the substantial evidence that the original meaning of the "judicial power" included the power to nullify unconstitutional laws.
I will do so, not by discerning the shadowy and often counterfactual "intentions" of the founding generation, but by presenting as comprehensively as I can what the founders actually said during the constitutional convention, in state ratification conventions, and immediately after ratification.
These statements, taken cumulatively, leave no doubt that the founders contemplated judicial nullification of legislation enacted by the states and by Congress.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=437040   (328 words)

  
 Thomas Sowell
The real issue is much bigger: Are the people to have the right to elect their own representatives to decide issues or are unelected judges to take over an ever-increasing share of the power to rule?
Every weekday JewishWorldReview.com publishes what many in Washington and in the media consider "must reading." Sign up for the daily JWR update.
An aging Supreme Court means that there is now a perhaps once-in-a-lifetime opportunity to stop the erosion of democratic self-government by putting advocates of judicial restraint, rather than judicial activism, on the federal courts, including the Supreme Court.
http://www.jewishworldreview.com/cols/sowell030805.asp   (728 words)

  
 Judicial Power
         Any allocation of power results in inequities, and this has been the complaint of those challenging apportionment under the Guarantee Clause.
         Older dictionaries define “try” as “to examine,” others define it as “to examine as a judge, to bring before a judicial tribunal.”
         Without judicial review of impeachments congress may use the power to usurp judicial power
http://userpages.umbc.edu/~davisj/judpow.html   (755 words)

  
 Townhall.com :: Columns :: Hijacking the judicial appointment power by David Limbaugh
With Harriet Miers' withdrawal from contention, President Bush has an opportunity to recommend a new candidate for nomination to the U.S. Supreme Court.
This is the same William Pryor who has stated that he agreed with Alabama Chief Justice Roy Moore's legal position that the Ten Commandments display should have been permitted in the Alabama Supreme Court building.
And their obstruction is retarding the administration of justice (the 6th Circuit Court alone is 25 percent vacant, according to Senator Mitch McConnell).
http://www.townhall.com/columnists/davidlimbaugh/dl20031118.shtml   (889 words)

  
 Judicial power - ArtPolitic Encyclopedia of Politics : Information Portal
One of the three powers of the State.
Judicial power is the power to pass judgment upon those deemed to have broken the law, and by extension, the body or bodies that exercise such power.
Judicial power - ArtPolitic Encyclopedia of Politics : Information Portal
http://www.artpolitic.org/infopedia/ju/Judicial_power.html   (110 words)

  
 Find in a Library: Judicial review and judicial power in the Supreme Court
Judicial review and judicial power in the Supreme Court
Find in a Library: Judicial review and judicial power in the Supreme Court
To find a library, type in a postal code, state, province, or country.
http://worldcatlibraries.org/wcpa/ow/a775fe087bf7e624a19afeb4da09e526.html   (51 words)

  
 Judicial Power syllabus
Vilhelm Aubert, Law and Conflict [1963], in In Search of Law.
Torstein Eckhoff, Impartiality, Separation of Powers and Judicial Independence, in
The course will consider the theory of judicial power in the western culture focusing on three issues.
http://nyu.edu/gsas/dept/politics/grad/syllabi/G53.3101.001_pasquino_f01.html   (234 words)

  
 Judicial Power, Democracy and Legal Positivism
Subjects : Law : General : Judicial review
Click on this books subject categories to see related titles:
http://www.allbookstores.com/book/0754620611   (42 words)

  
 Catholic Insight : Political : Arrogant Judicial Power
Catholic Insight : Political : Arrogant Judicial Power
Her decision to use the court’s power to promote an issue as controversial and divisive as homosexual marriage was regarded as arrogant and presumptuous.
Election day polls indicated that 22% of those voting did so on the basis of moral laws, and without the issue of homosexual marriage persuading the “fundamentalists” to vote, the popular vote would have been a dead heat.
http://www.catholicinsight.com/online/political/arojud.shtml   (1061 words)

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