Academic literature on the topic 'Judicial branch'
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Journal articles on the topic "Judicial branch"
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Terhechte, Jörg Philipp. "Judicial Ethics for a Global Judiciary – How Judicial Networks Create their own Codes of Conduct." German Law Journal 10, no. 4 (2009): 501–14. http://dx.doi.org/10.1017/s2071832200001188.
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It is not a new insight that nowadays everything and everybody seems to be globalized. This is even true with respect to the different branches of the state. We know a lot about the globalization of the executive branch and administrative law (towards a global or international administrative law) for example. Public agencies around the world are compelled to cooperate – e.g. to change information and work together on legal cases – because many problems can only be solved by a cross-border approach. The legislative branch faces the deep influence of globalization, too. National lawmakers have to respect or transform standards and rules set by international organizations such as the WTO, NAFTA or the EU. In the EU, for example, 70–80% of national legislation in the field of economic law is based on rules set by the EU. Furthermore, the question arises whether the judiciary is also remarkably influenced by globalization. Is the judicial branch, or more precisely in the international context, the national and international judiciary, yet globalized? What role does the judge play in the context of globalization?
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Bovend’Eert, Paul P. T. "Judicial Independence and Separation of Powers: A Case Study in Modern Court Management." European Public Law 22, Issue 2 (2016): 333–53. http://dx.doi.org/10.54648/euro2016021.
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The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.
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Pérez, Aida Torres. "Judicial Self-Government and Judicial Independence: the Political Capture of the General Council of the Judiciary in Spain." German Law Journal 19, no. 7 (2018): 1769–800. http://dx.doi.org/10.1017/s2071832200023233.
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AbstractThe General Council of the Judiciary is the main institution of judicial self-government in Spain. It was established to ensure the external independence of the judiciary, and in particular the independence of the judiciary vis-à-vis the executive branch of government. To what extent does the Judicial Council manage to fulfill its goal? First, the evolution of the Judicial Council will be presented in order to understand the principal reforms and reasons behind its creation. Next, the impact of the Judicial Council upon judicial independence, as well as accountability, transparency, and public confidence will be critically examined in order to assess its contribution to judicial legitimacy. In the end, it will be argued that the politicization of the Judicial Council has hindered it from protecting judicial independence from partisan interests, and has contributed to undermining public confidence in the judiciary.
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Apperson, Justin. "Comity or Confrontation: Budgeting Independence of the American Judiciary." Constitutional Review 10, no. 1 (2024): 136. http://dx.doi.org/10.31078/consrev1015.
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While many American court systems have constitutional funding protections judicial salaries, the judiciary in the position of bargaining for funding for staff, services, technology, facilities, supplies, and other goods to adequately fund the constitutional mission of adjudication. Courts have looked to two principal strategies in securing funding. First, courts have tried to improve the relationship with the other branches through long-term connections and demonstrations of sound judicial governance. Courts have sought to improve their strategic planning, incorporating novel uses of data including performance measures, with the collateral hope of enhancing budget justifications. Courts have also tested political strategies for self-advocacy, including elevating judicial officers as spokespersons for the judicial branch, mobilizing stakeholders, and lobbying key officials. Second, courts have invoked the inherent powers of the judiciary as a separate and co-equal branch to compel funding that is reasonably necessary to administration of justice. Judicial leaders have typically disfavored this technique, which presents its own risks of trespassing on legislative power and impairing longer-term strategies for building bridges and understanding between the branches, except in patterns of legislative neglect or hostility towards judicial independence.
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KLEANDROV, Mikhail Ivanovich. "The Judicial System of the Russian Federation in the Light of the Constitutional Amendments of 2014 and 2020: Problems and Solutions." Journal of Constitutional Justice 2 (April 18, 2024): 1–9. http://dx.doi.org/10.18572/2072-4144-2024-2-1-9.
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The article analyzes the content of constitutional amendments in relation to the organization of the judiciary. Specific proposals are made to create several completely independent judicial systems with their own Higher (Supreme) courts, the problems of world justice are considered (and a change in the vector of its development is proposed), and the need for bodies with judicial functions below the level of world justice is justified — in sparsely populated territories of the country. In addition, a proposal is being put forward to create a federal judicial authority with state powers similar to those of the bicameral Federal Assembly — for the legislative branch, and the Government of the Russian Federation — for the executive branch.
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Levin, V. V. "The Judicial System of the Russia: Concept and Legal Features." Sociology and Law, no. 2 (July 18, 2020): 106–13. http://dx.doi.org/10.35854/2219-6242-2020-2-106-113.
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The article is devoted to the description of the concept of the “Judicial System”, which is associated with the state judicial branch of government. In addition, the article discusses the features of the practical implementation of the principle of separation of powers and the independence of the judiciary. Based on the analysis, the author comes to the conclusion that human rights defenders and lawyers cannot influence the situation within the framework of the judiciary and that there is an urgent need for reforming the judicial system.
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Nuraini, Nuraini, and Mhd Ansori. "Politik Hukum Kekuasaan Kehakiman di Indonesia." Wajah Hukum 6, no. 2 (2022): 426. http://dx.doi.org/10.33087/wjh.v6i2.1075.
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Judicial power is a branch of power in every country, whether in a democratic state, a state towards a democracy, or an undemocratic state. This happened on the influence of the doctrine of separation of powers which wanted the branches of power to be divided over the legislature, executive, and judiciary. Judicial power in Indonesia at the beginning of independence was intended as a separate branch of power from political institutions, the power of an independent judiciary must still be upheld both as a principle in the state based on law and to allow judicial power to ensure that government is not carried out arbitrarily. The development of judicial power is inseparable from the legal politics of judicial power itself. Because legal politics is subtantively about the friction between politics and law, to examine legal politics is to discuss policies related to the state system. The purpose of the writing is to find out and analyze the political dynamics of judicial power in Indonesia. This type of writing is normative juridical, meaning that this article focuses on the study of the implementation of all positive legal norms and rules. In this research, the approach is conceptual, legal and historical approach.
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Shaheen, Fozia, and Mamoona Khalid. "Judicial Independence and Impartiality of Judiciary: A Comparative Study." International Journal of Social Sciences and Humanities Invention 5, no. 2 (2018): 4383–86. http://dx.doi.org/10.18535/ijsshi/v5i2.01.
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Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also pre-requisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.
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Basabe-Serrano, Santiago, and John Polga-Hecimovich. "Legislative Coalitions and Judicial Turnover under Political Uncertainty." Political Research Quarterly 66, no. 1 (2012): 154–66. http://dx.doi.org/10.1177/1065912911436319.
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While judicial turnover in Latin American high courts is often the result of political realignments within the executive branch, the judiciary may also be sensitive to realignments in the legislative branch. The authors use data from the Ecuadorian Constitutional Court to show that under some circumstances, congressional deputies will seek to remove judges further from their own ideal points as the composition of the legislative coalition changes. This provides some of the first empirical evidence of the role legislatures play in Latin American judicial instability and may be broadly generalizable to other countries with similar institutional profiles and rates of interbranch crisis.
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Asimow, Michael, Gabriel Bocksang Hola, Marie Cirotteau, Yoav Dotan, and Thomas Perroud. "Between the Agency and the Court: Ex Ante Review of Regulations." American Journal of Comparative Law 68, no. 2 (2020): 332–75. http://dx.doi.org/10.1093/ajcl/avaa016.
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Abstract Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regulations are never subject to judicial review, which creates an accountability deficit. This deficit can be remedied through ex ante administrative review of the legality of regulations by an executive branch agency that is independent of the adopting agency. This Article evaluates executive branch ex ante legality review schemes in California, Chile, Israel, and France. Although these regulatory review schemes vary greatly, each of them scrutinizes the substantive and procedural legality of regulations (as distinguished from their economic or environmental effect or their political acceptability). This review takes place before the regulations are judicially reviewed and before they become effective. Ex ante administrative review can compensate for the failings of judicial review, promote the rule of law, and enhance the legitimacy of the regulatory process.
Dissertations / Theses on the topic "Judicial branch"
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Root, David. "The Chief Justice: Democratic Leadership of the Judicial Decision-Making Process in the Hidden Branch." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20429.
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My dissertation examines chief justice leadership of the United States Supreme Court during the judicial decision-making process. With the office steeped in secrecy, I borrow seminal concepts from the leadership literature such as autocratic, laissez-faire, and democratic leadership and adapt them to the office in order to systematically identify dominant patterns of leadership. While chief justices use different styles, the office is chiefly democratic in both structure and operation, which makes the chief justice a “first among equals” and requires him to be just as good of a political negotiator as he is a competent legal judge. This is a unique, but under appreciated, feature of the chief justice when compared to the associate justices.<br>10000-01-01
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McNeil, Christopher B. "Perceptions of fairness in agency adjudications : applying Lind & Tyler's theories of procedural justice to state executive-branch adjudications /." abstract and full text PDF (UNR users only), 2008. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3311917.
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Thesis (Ph. D.)--University of Nevada, Reno, 2008.<br>"May, 2008." Includes bibliographical references (leaves vi-xi). Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2009]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.
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Tassinari, Clarissa. "A supremacia judicial consentida: uma leitura da atuação do Supremo Tribunal Federal a partir da relação direito-política." Universidade do Vale do Rio dos Sinos, 2016. http://www.repositorio.jesuita.org.br/handle/UNISINOS/6403.
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Previous issue date: 2016-12-19<br>Nenhuma<br>Nos últimos dez anos, começa a ser difundida no Brasil uma hipótese teórica que torna supremacia judicial um conceito naturalizado, ou seja, algo inerente às prerrogativas funcionais do Supremo Tribunal Federal – um modo específico de compreender sua atuação, que é extraído do argumento constitucional (daquilo que se afirma estar previsto pela constituição). O objetivo da tese é desconstruir esse imaginário, demonstrando que não existe um vínculo pressuposto (natural) entre supremacia judicial e controle de constitucionalidade. Para alcançar tal objetivo, observa-se que a supremacia judicial do STF é fruto de um contexto político, que emerge da incorporação da leitura que é feita no Brasil sobre o papel do judiciário em duas tradições: do constitucionalismo norte-americano (em especial, da dimensão política da atuação da Suprema Corte dos Estados Unidos) e da experiência constitucional alemã (que atribui ao Tribunal Constitucional Federal o dever de concretização de direitos). Conjugando esses dois elementos, observa-se que a supremacia judicial se manifesta no contexto brasileiro através da concessão de três autoridades ao STF – interpretativa, política e simbólica –, o que está ligado à criação dos seguintes pressupostos: de que o Tribunal possui a última palavra na construção do direito, de que sua atuação sobrepõe-se a das instâncias majoritárias e de que ele é o poder mais habilitado (capaz) de traduzir os anseios sociais. A tese contesta a possibilidade de dar amparo constitucional a esse tríplice modo de visualizar a o exercício da jurisdição constitucional, problematizando a relação entre os poderes do estado sob os aportes da relação direito e política, o que significa a imersão na diferença existente entre a esfera jurídica e o campo político, na análise da interação entre os três poderes do estado, bem como na distinção entre decisão judicial e escolha política. Chega-se, assim, à conclusão da existência de uma supremacia judicial consentida (não decorrente do texto constitucional), isto é, construída teoricamente (através do reconhecimento da supremacia judicial pelos juristas) e institucionalmente (pelos incentivos dos poderes eleitos ou pela auto-investidura do STF). A tese foi desenvolvida através do método hermenêutico-fenomenológico, estando inserida no eixo temático que a Crítica Hermenêutica do Direito de Lenio Streck proporcionou ao direito.<br>From the last tens years on, a theoretical hypothesis that naturalises judicial supremacy began to be disseminated in Brazil, or, that it is something inherent to the functional prerogatives of the Federal Supreme Court – a specific way of understanding its role, which is extracted from a constitutional argument (that is claimed to be provided by the Constitution). The purpose of the thesis is to deconstruct this idea, demonstrating that there is no presupposed (natural) relationship between judicial supremacy and constitutionality control. In order to do so, it has been observed that the judicial supremacy of the STF is the result of a political context, which emerges from the incorporation of the reading made in Brazil on the role of the judiciary from two traditions: American constitutionalism (in particular, the political dimension of the role of the Supreme Court of the United States) and the constitutional experience of Germany (which gives the Federal Constitutional Court the duty to enforce rights). Combining these two elements, it has been observed that the judicial supremacy manifests itself in the Brazilian context through the granting of three authorities to the STF – interpretative, political and symbolic –, which is then linked to the creation of the following assumptions: that the Court has the last word on the construction of law, that its duty overlaps with those of the majority bodies, and that it is the most enabled (able) branch to translate social desires. The thesis disputes the possibility of granting constitutional protection to this triple way of visualising the exercise of constitutional jurisdiction, problematising the relationship between the branches of government under the contributions of the relationships between law and politics, which means an immersion in the existing difference between the legal sphere and the political field in the analysis of the interaction between the three branches of government, as well as in the distinction between judicial decision and political choice. This leads to the conclusion of the existence of a consented judicial supremacy (not derived from the constitutional text), that is, theoretically (through the recognition of the judicial supremacy by lawyers) and institutionally (by the incentives of elected officials or self- investiture of the STF) constructed. The thesis was developed through the hermeneutic-phenomenological method, being inserted in the thematic axis that Lenio Streck's Hermeneutic Critique of Law provided to Law.
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Kich, Tassiara Jaqueline Fanck. "DESCRIÇÃO DO PATRIMÔNIO DOCUMENTAL JUDICIAL: PROCESSOS DA PRIMEIRA REPÚBLICA NO RIO GRANDE DO SUL." Universidade Federal de Santa Maria, 2011. http://repositorio.ufsm.br/handle/1/10974.
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This study introduces an arrangement and description proposal for lawsuits of custody from the collection of the Archive of the Judicial Court of Rio Grande do Sul. This collection consists of documentary resources that enable social studies, cultural, legal and historical. For
organizing and accessing information, the cases were arranged and described by applying the archival functions according to the needs and specificities of the court files. Considering the Brazilian Standard of Archival Description, were defined and described the description levels base, section, subsection, series and process, which were described as the evidence presented by the Standard. Contemplated, in the arrangement, the deep Judicial Power of Rio Grande do Sul, the 1st and 2nd degree sections, the subsections as document producer Counties all over the State and the series used in the classification procedure of the National Council of Justice. For the process level, was established a model considering the elements the Standard and basic procedural information to the monitoring and location of the files. The proposed description is being applied along the lawsuits representatives of the First Republic (1889-
1930). Among the processes initiated in this period, were randomly selected from statistical calculations, those being described. Analysis of the information described allows relations with facts and social, political and cultural aspects from the historical period considered,
providing the scholars with numerous opportunities for research. The paper presents some of these possibilities of analysis, in addition to the proposed adoption of the model describing the processes in the computerized file from the Judicial Archive. In this regard, the objectives
of defining and implementing the arrangement and description have been achieved, allowing access and research to relevant information contained in court documents.<br>Este trabalho apresenta uma proposta de arranjo e descrição para processos judiciais de guarda permanente do acervo do Arquivo Judicial do Tribunal de Justiça do Rio Grande do
Sul. Este acervo é composto por fontes documentais que permitem estudos sociais, culturais, jurídicos e históricos. Para organização e acesso às informações, os processos foram
arranjados e descritos, aplicando as funções arquivísticas de acordo com as necessidades e especificidades dos arquivos judiciais. Considerando a Norma Brasileira de Descrição
Arquivística, definiu-se o arranjo dos documentos nos níveis fundo, seção, subseção, série e processo, os quais foram descritos conforme os elementos apresentados pela Norma.
Contemplou-se, no arranjo, o fundo Poder Judiciário do Rio Grande do Sul, as seções 1º e 2º Graus, as subseções como Comarcas produtoras de documentos em todo o Estado, e as séries utilizadas na classificação processual do Conselho Nacional de Justiça. Para o nível processo, estabeleceu-se um modelo considerando os elementos da Norma e as informações processuais fundamentais ao acompanhamento e localização dos autos. A descrição proposta está sendo aplicada em conjunto de processos judiciais representativos da Primeira República (1889-1930). Entre os processos iniciados nesse período, foram selecionados aleatoriamente, a partir
de cálculo estatístico, aqueles que estão sendo descritos. A análise das informações descritas permite relações com fatos e aspectos sociais, políticos e culturais do período histórico
considerado, fornecendo aos estudiosos inúmeras possibilidades de pesquisas. O trabalho apresenta algumas dessas possibilidades de análises, além da proposta de adoção do modelo de descrição dos processos no sistema informatizado do Arquivo Judicial. Nesse sentido, os
objetivos de definição e realização do arranjo e descrição foram alcançados, permitindo o acesso e pesquisa a relevantes informações constantes nos documentos judiciais.
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Решетнік, Анастасія Романівна, Анастасия Романовна Решетник та Anastasiia Romanivna Reshetnik. "Щодо значення судових комунікацій для основної місії судової установи". Thesis, Сумський державний університет, 2016. http://essuir.sumdu.edu.ua/handle/123456789/46267.
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Одним із актуальних питань раціоналізації в адмініструванні судової діяльності
необхідно відмітити важливість прозорості судової влади, налагодження дієвої
системи інформування громадян, створення комунікаційних механізмів та каналів для
поширення інформації про діяльність судів та інших органів судової гілки влади. Основною метою в даному питанні є забезпечення довіри громадян до суду.
Головним допоміжним елементом в процесі реалізації цієї ідеї можна визначити
широке використання комунікаційних або інформаційних технологій: телебачення,
радіо, преси.
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MARTINEZ, BARAHONA Elena. "Seeking the Political Role of the Third Government Branch: A comparative approach to high courts in Central America." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7931.
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Defence date: 22 January 2007<br>Examining board: Prof. Pilar Domingo (Universidad de Salamanca) ; Prof. Carlo Guarnieri (Università di Bologna) ; Prof. Donatella Della Porta (European University Institute) ; Prof. Philippe C. Schmitter (European University Institute)(Supervisor)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>Until recently, Courts were not an important component of political science research on Latin America. The quantity of research on the judiciary does not compare even remotely to the vast literature on others institutions. However, despite the relative inattention to their role, courts are institutions whose performance has concrete and relevant effects on the socio-political system. Indeed, Courts have currently emerged as active participants in the political process offering new opportunities to citizens, social movements, interest groups, and politicians. Focusing on three countries of Central America (Costa Rica, Nicaragua and Guatemala), this dissertation illustrates how far the political system in these countries is shaped in significant ways by the role of Courts as political institutions. Throughout a comparative approach, this study offers what may be the first cross-national analysis explicitly designed to serve as a comprehensive measure of the political role of High Courts.
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Fanti, Fabiola. "Políticas de saúde em juízo: um estudo sobre o município de São Paulo." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-02032010-171419/.
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Esse trabalho pretende contribuir para a compreensão do papel desempenhado pela justiça comum no contexto das políticas de saúde do município de São Paulo. Para tanto, ele propõe-se a estudar o processo de utilização do Tribunal de Justiça de São Paulo para garantia do direito à saúde e identificar os mecanismos institucionais que permitem que este processo ocorra. Realizou-se um levantamento das decisões proferidas por tal Tribunal em ações que questionavam políticas municipais de saúde e, posteriormente, analisou-se tais decisões com o objetivo de mapear os padrões de resposta que o Poder Judiciário tem dado a tais demandas. Finalmente, também buscou-se investigar em que medida tais respostas exercem influência sobre políticas de saúde do Poder Executivo e identificar quais foram as formas de acionamento e os atores envolvidos. A pesquisa teve como resultado a delineação de certas especificidades do processo de questionamento de políticas de saúde no Tribunal de Justiça do Estado de São Paulo, tais como a predominância de ações individuais, o alto índice de condenações do Poder Executivo, a significativa utilização de assistência jurídica gratuita e os efeitos das condenações nas políticas de saúde, tanto na forma de alterações substantivas em seu conteúdo, como na de acordos institucionais firmados entre os atores demandantes e o Poder Executivo.<br>This research aims at understanding the role played by the common courts in the context of health policy in São Paulo. Therefore, it is proposed to study the process of using the São Paulo State Court of Justice to guarantee the right to health and identify institutional mechanisms that allow this process to occur. We accomplished a survey of this Court decisions in lawsuits that contestate municipal health policies, and then examined such decisions in order to map the patterns of response that the judiciary has given to such demands. Finally, we also sought to investigate to what extent such responses influence on executive branch health policies and to identify what were the ways of demanding and the actors involved. The research resulted in a delineation of certain specific characteristics of health policy contestation at the São Paulo State Court, such as the predominance of individual lawsuits, the high rate of the executive branch convictions, the significant use of free legal assistance and the effects of conviction in health policies, both as substantive changes in its content, as institutional arrangements between the actors applicants and the Executive.
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Орлов, О. Л. "Скасування інституту наказного провадження як запорука відновлення та забезпечення справедливого суду". Thesis, Сумський державний університет, 2019. http://essuir.sumdu.edu.ua/handle/123456789/75074.
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Серед численних статистичних досліджень, що проводяться в Україні, центральну увагу привертає вивчення ставлення громадян до судової гілки влади. Як свідчать дані об‘єктивної статистики, отримані з різних джерел, населення демонструє критично низький рівень довіри до українських судів.<br>Among the numerous statistical surveys conducted in Ukraine, the focus is on the study of citizens' attitudes toward the judiciary. According to objective statistics obtained from various sources, the population demonstrates a critical level of trust in Ukrainian courts.
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Herrero, Alvaro J. "Court-executive relations in unstable democracies : strategic judicial behaviour in post-authoritarian Argentina (1983-2005)." Thesis, University of Oxford, 2007. http://ora.ox.ac.uk/objects/uuid:bd89e8f6-2b98-4336-9ec2-110c3d362da3.
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This dissertation deals with court-executive relations in post-authoritarian Argentina (1983-2006). Specifically, I analyse Supreme Court behaviour in highly sensitive cases to determine whether the tribunal has cooperated with or obstructed the government’s policy preferences in three key policy areas: human rights, economic emergency and pensions. This innovative type of approach – i.e., focusing on a small number of highly sensitive decisions – allows me to concentrate on cases that are genuinely important for the government or, more precisely, for the country’s political administration. There are cases that are significant for the State apparatus but irrelevant for the president (thinking of politicians as self-interested actors). My research uses a rational choice approach to courts, underscoring the strategic nature of judicial behaviour. This vision of judges provides a more accurate account of judicial-executive relations by bringing politics into the study of courts. By focusing exclusively on attitudes and apolitical jurisprudence, other visions take for granted the institutional context. Political stability, for example, cannot be assumed in many developing democracies. My findings indicate that the Argentine Supreme Court has consistently avoided obstructing the president’s policy preferences. Such behaviour is motivated by strategic considerations: judges are risk-averse actors that avoid clashing with the executive. For most of the time, the Supreme Court has operated under unified government, which increases the chances of being punished for anti-government decisions. Two other factors also account for the court’s risk-averse behaviour. First, procedural rules grant the Supreme Court wide discretion over its docket. The tribunal has used such discretion to strategically select the timing of its decisions. Second, recurrent democratic breakdowns have repeatedly led to attacks against the court, such as impeachment, irregular dismissals, and/or enlargements. Third, politicians exert broad control of judicial promotions, allowing them to block the careers of independent, courageous judges that act as a check on political power.
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Pacoud, Renaud. "Le judiciaire dans l’Etat : les cours fédérales américaines face au développement de la puissance administrative : 1891-1984." Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO20034.
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Si la science politique et l’histoire ont su montrer les effets de l’expansion de la bureaucratie sur la présidence et le Congrès en assez grands détails, la vision du pouvoir judiciaire dans sa relation avec l’État américain moderne reste singulièrement appauvrie. Un examen de l’historiographie de l’État et du pouvoir judiciaire montre que la question de l’impact du fait administratif sur le fonctionnement de ce dernier n’a finalement jamais été clairement posée. Cette thèse entend démontrer que les relations entre le judiciaire et l’État fédéral se sont jouées non sur un conflit de principe quand au rôle et à la place de la bureaucratie fédérale dans le schéma constitutionnel américain mais plutôt dans le cadre du processus de reconstruction du judiciaire fédéral initié à la fin du dix- neuvième siècle avec le Evarts Act de 1891<br>Even though political scientists and historians have been able to make sense of the impact of bureaucracy on the Congress and the Presidency, the question of the relation of the federal judiciary with the federal state remains largely untouched, as if the constitutional confrontation of 1937 had settled the issue once and for all, with the traditional narrative of judicial restraint and executive triumph firmly in place. This work aims to suggest and explore another avenue for research, by underlining the importance of earlier, turn-of-the-century developments regarding the institutional evolution of the federal judiciary itself and the development of early administrative law. By shifting the focus of attention away from the New Deal crisis, we show that the complicated relation between the federal judiciary and the federal state did not primarily concern the place of administrative power in the constitutional structure, but rather the institutional identity of a federal judiciary which underwent profound changes before the New Deal. In other words, the federal judiciary has a history, and this has to count for something
Books on the topic "Judicial branch"
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Kermit, Hall, and McGuire Kevin T, eds. The judicial branch. Oxford University Press, 2005.
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Division, Georgia Department of Audits and Accounts Performance Audit Operations. Judicial branch adult-felony drug courts. Georgia Dept. of Audits and Accounts, Performance Audit Operations, 2010.
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Auditor, Colorado Office of State. Juvenile probation, Judicial Branch: Performance audit. Office of the State Auditor, 1998.
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Madani, Hamed. The judicial branch: Interpreting America's laws. MyReportLinks.com Books, 2007.
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Brian, Duignan, ed. The judicial branch: Purpose, process, and people. Britannica Educational Pub., in association with Rosen Educational Services, 2010.
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Stephen, Powers. The least dangerous branch?: Consequences of judicial activism. Praeger, 2002.
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Kowalski, Kathiann M. Judges and courts: A look at the judicial branch. Lerner Publications, 2012.
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Harris, Nancy. First guide to government: What's the state judicial branch? Heinemann Library, 2008.
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Jeffrey, Jackson, and United States. Administrative Office of the United States Courts. Long Range Planning Office, eds. Judicial branch planning guide: Readings on long range planning. Administrative Office of the United States Courts, Long Range Planning Office, 1993.
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Jeffery, Jackson, and United States. Administrative Office of the United States Courts. Long Range Planning Office., eds. Judicial branch planning guide: Readings on long range planning. Administrative Office of the United States Courts, Long Range Planning Office, 1993.
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Walulik, Jan. "Judicial branch." In Brexit and Aviation Law. Routledge, 2018. http://dx.doi.org/10.4324/9780429954979-20.
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Smith, Raymond A. "The Judicial Branch." In The American Anomaly. Routledge, 2018. http://dx.doi.org/10.4324/9781351034821-7.
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Wasserman, Gary, and Elliott Fullmer. "The Judicial Branch." In The Basics of American Politics, 17th ed. Routledge, 2022. http://dx.doi.org/10.4324/9781003329343-5.
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Shiraev, Eric. "The Judicial Branch and Justice Administration." In Russian Government and Politics. Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-26960-7_6.
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Shiraev, Eric. "The Judicial Branch and Justice Administration." In Russian Government and Politics. Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-1-137-16899-3_6.
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de Werd, Marc. "“Sentimento do Mundo” – On the Endless Battle for a Justice System." In Rule of Law in Europe. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-61265-7_3.
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AbstractIn the summer of 1787, New Yorkers were about to ratify a constitution for the US. In a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788 urged New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787. The essays (commonly referred to as the Federalist Papers) were published anonymously, under the pen name “Publius,” in various New York state newspapers of the time. On May 28, 1788, Alexander Hamilton published Federalist 78, titled “The Judicial Department.” In this famous essay, he offered a powerful defense of judicial review. Hamilton argued that only a federal judge could guarantee constitutional rights and provide an effective check on state power. At the same time, Hamilton had to convince his political opponents that the unelected judiciary would never dominate the other branches of government. Drawing on the ideas of Montesquieu, he deliberately portrayed the judiciary as “the least dangerous branch of government”. A branch that is inherently weak because it can control neither the country’s financial resources nor the army.
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Wexler, Lesley. "The Role of the U.S. Judicial Branch During the Long War: Drone Courts, Damage Suits, and Freedom of Information Act (FOIA) Requests." In Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies. T.M.C. Asser Press, 2014. http://dx.doi.org/10.1007/978-94-6265-008-4_3.
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Vile, John R. "The Judicial Branch: It’s a Group of Lawyers, Not Platonic Guardians." In The United States Constitution. Palgrave Macmillan US, 2015. http://dx.doi.org/10.1057/9781137513502_4.
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Tadano, Masahito. "The Role of the Judicial Branch in the Protection of Fundamental Rights in Japan." In Contemporary Issues in Human Rights Law. Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6129-5_4.
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Williams, Robert F., and Lawrence Friedman. "The State Judicial Branch." In The Law of American State Constitutions, 2nd ed. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780190068806.003.0011.
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Abstract This chapter examines the work of state supreme courts and their development, in comparison to the institutional role of the U.S. Supreme Court in the federal system. The chapter covers the nature of the judicial power, judicial review, judicial selection, the rules of practice and procedure, the regulation of practice and procedure, the regulation of the practice of law, the inherent powers of the courts, and advisory opinions and certified questions. The chapter concludes with a discussion of the position and function of the state judiciary in the state constitutional scheme of government, and the ways in which the position and function of the state judiciary differ from their federal counterpart.
Conference papers on the topic "Judicial branch"
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Szentgáli-Tóth, Boldizsár. "ORGANIC LAWS IN AFRICA AND THE JUDICIAL BRANCH." In IISES Annual Conference, Sevilla, Spain. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/iac.2018.035.041.
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Topilin, Vladislav, and Roman Fedorov. "theoretical and legal analysis of the position of the prosecutor’s office in the system of separation of powers." In Current problems of jurisprudence. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/310-316.
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The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.
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Fedorov, Roman, and Dmitry Pixin. "On the question of the independence of the judicial branch in the theory of separation of powers." In Current problems of jurisprudence. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/252-258.
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The article is devoted to the principles of independence and independence of the judiciary from the executive and legislative branches of government. The problems of the system of checks and balances in the theory of separation of powers are analyzed. Forecasts are made on the effect of levers of pressure in relation to the courts from other authorities. The article analyzes certain legal acts concerning the interaction of the judiciary with other branches of government.
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He, Liguo. "Analysis of the Failure of Hierarchy Function of Branch in Loan Management System of China's Commercial Bank and Its Countermeasures." In 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/jahp-18.2018.131.
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Kodaneva, Svetlana. "Resilience of the Constitutional Phenomena to Social Threats (the United Kingdom case)." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.vicg9790.
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A noticeable trend in constitutional law in recent years has been a broad interpretation that allows referring to the subject of constitutional law, in addition to the provisions enshrined in the written constitution, also the sources of international and common law. This article is focused on the analysis of the risks arising from the recognition of constitutional principles formulated in various unwritten sources, such as traditions, doctrine and judicial interpretation. For this purpose, the experience of the United Kingdom is studied, a country that does not have a written constitution, and the legal system of which is based on constitutional principles enshrined in those various sources. At the same time, the Brexit process has become a clear example of a destabilising situation that has revealed internal conflicts and contradictions of the constitutional principles. The political processes, that accompanied the Brexit process and resulted in a constitutional crisis both at the horizontal (between the parliament and executive branch) and vertical (between the centre and regions) levels, are analysed. Based on the conducted study, it was concluded that the attribution to constitutional principles arising from international law and judicial practice is erroneous and is a dangerous phenomenon for the constitutional law. Consequently, a deep research into the nature of such ‘quasi-principles’ is required, revealing their place in the legal system of Russia, taking into account the hierarchy of principles, in which the principles arising from unwritten sources and international law should not be placed on the same level with constitutional principles directly enshrined in the Constitution of the Russian Federation.
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Andrade de Abreu, Julio Cesar, Antonio Joao Vianna Junior, and Elen Reis. "Transparency and Public Information on the Internet: Investigating Accountability in the Legislative and Judicial Branches in the South American Scenario." In 2019 Sixth International Conference on eDemocracy & eGovernment (ICEDEG). IEEE, 2019. http://dx.doi.org/10.1109/icedeg.2019.8734436.
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Önder, Begüm Aylin. "Using the Concept of “Social Distancing” in Advertising Designs: A Comparative Analysis." In COMMUNICATION AND TECHNOLOGY CONGRESS. ISTANBUL AYDIN UNIVERSITY, 2021. http://dx.doi.org/10.17932/ctcspc.21/ctc21.009.
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Corporate social responsibility is one of the activities that goes beyond philanthropy, based on volunteerism in line with the responsibilities of enterprises towards society. This concept, which offers businesses the opportunity to look after and develop their brand image in the eyes of society, has become a necessity, not a choice, especially in today's world. In order to meet social expectations, the effectiveness of static and dynamic advertising messages implemented in all social benefit-based studies for human development such as environment, health and education is very important in terms of ensuring audience communication. In the second half of 2019, people were confined to homes and life came to a standstill all over the world in order to reduce and prevent the impact of the pandemic within the scope of the “New Type Corona Virus” (COVID-19) measures, which are from the sars-cov-2 coronavirus family, which is spreading rapidly globally starting from Wohan, Hubei Province, China. As a basic protection module for humanity against corona virus, it has incorporated the concept of social distancing into their lives in order to reduce the contact of staying at home and increasing hygiene, except in mandatory situations. During this extraordinary period, many brands on a global scale have included the concept of “social distance” in their advertising messages with the awareness of corporate social responsibility and have started to inform and educate the community about this issue by emphasizing the importance of the process. Within the scope of this research, advertising designs prepared by brands acting with corporate social responsibility awareness through the concept of social distancing during the Pandemic period were discussed and how the meaning structures behind the messages were created and transmitted. The research is limited to 3 (three) advertising designs determined by the 'judicial sampling' method (selective method). In the sample of the study, advertising narratives of brands in different sectors were explained in general framework and similar and different aspects of messages were uncovered by performing comparative analysis between messages in line with the findings obtained from the narratives. In this context, it was determined that the contrasts of “pessimism and optimism, hope and despair, happiness and unhappiness, death and life, strong and powerless, youth and old age, unity/togetherness and separation, struggle and defeat, nature and culture” were constructed as the main discourse.
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Bataveljić, Dragan. "PRUŽANjE USLUGA OD STRANE ORGANIZACIJA ZA BORBU PROTIV SEKSUALNOG NASILjA I TRGOVINE LjUDIMA." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.1019b.
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The author of this paper points to the increasing problem of sexual violence and human trafficking at the global level, as well as in Serbia and the republics ex- Yugoslavia. Unfortunately, this problem has not drawn much attention and the allocated funds, before all those from government budgets, have not been enough for training staff at specialized and other facilities to offer support and protective services to the victims of these criminal acts. Particular emphasis is placed on the state bodies, as well as local authorities and their institutions of social welfare, health insurance fund, national employment service and their branches in local communities. In this paper, the author also points to the need to further train staff who work in the field of education and coaching at all levels, starting from the pre-school institutions, up to the centers for long-life learning. The similar situation exists at the Ministry of Internal Affairs since it is expected from the representatives of this important government department and the police departments throughout Serbia, to offer the services of physical protection and hiding the identity of potential victims, their personal data and addresses. Currently there are no adequate technical and communication means, appropriate facilities and professionally trained staff to execute all these activities. Finally, it should be noted that the situation in the judicial sector is much better based on the survey they was conducted among the organizations which govern the activities aimed at the prevention of sexual violence and human trafficking.
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Kuru, Ahmet T. "CHANGING PERSPECTIVES ON ISLAMISM AND SECULARISM IN TURKEY: THE GÜLEN MOVEMENT AND THE AK PARTY." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/mmwz7057.
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The debate between secularists and Islamic groups, a conspicuous feature of Turkish politics for decades, changed in the late 1990s when the political discourse of mainstream Islamic groups embraced secularism. The establishment elite advocate the existing French model of an ‘assertive secularism’, meaning that, in the public domain, the state supports only the ex- pression of a secular worldview, and formally excludes religion and religious symbols from that domain. The pro-Islamic conservatives, on the other hand, favour the American model of ‘passive secularism’, in which the state permits the expression of religion in the public do- main. In short, what Turkey has witnessed over the last decade is no longer a tussle between secularism and Islamism, but between two brands of secularism. Two actors have played crucial roles in this transformation: the Gülen movement and the Justice and Development (AK) Party. Recently the Gülen movement became an international actor and a defendant of passive secularism. Similarly, although the AK Party was originated from an Islamist Milli Görüş (National Outlook) movement, it is now a keen supporter of Turkey’s membership to the European Union and defends (passive) secularist, democratic regime. This paper analyses the transformation of these important social and political actors with regard to certain structural conditions, as well as the interactions between them.In April 2007, the international media covered Turkey for the protest meetings of more than a million people in three major cities, the military intervention to politics, and the abortive presidential election. According to several journalists and columnists, Turkey was experienc- ing another phase of the ongoing tension between the secularists and Islamists. Some major Turkish newspapers, such as Hürriyet, were asserting that the secularists finally achieved to bring together millions of opponents of the ruling Adalet ve Kalkınma (Justice and Development) (AK) Party. In addition to their dominance in military and judicial bureauc- racy, the secularists appeared to be maintaining the support of the majority of the people. The parliamentary elections that took place few months later, in July, revealed that the main- stream Turkish media’s presentation was misleading and the so-called secularists’ aspira- tions were unrealistic. The AK Party received 47 percent of the national votes, an unusual ratio for a multiparty system where there were 14 contesting parties. The main opposition, Cumhuriyet Halk (Republican People’s) Party (CHP), only received 21 percent of the votes, despite its alliance with the other leftist party. Both the national and international media’s misleading presentation of Turkish politics was not confined by the preferences of the vot- ers. Moreover, the media was primarily misleading with its use of the terms “Islamists” and “secularists.” What Turkey has witnessed for the last decade has not been a struggle between secularism and Islamism; but it has been a conflict between two types of secularism. As I elaborated else- where, the AK Party is not an Islamist party. It defends a particular understanding of secular- ism that differs from that of the CHP. Although several leaders of the AK Party historically belonged to an Islamist -Milli Görüş (National Outlook)- movement, they later experienced an ideational transformation and embraced a certain type of secularism that tolerates public visibility of religion. This transformation was not an isolated event, but part of a larger expe- rience that several other Islamic groups took part in. I argue that the AKP leaders’ interaction with the Gülen movement, in this regard, played an important role in the formation of the party’s new perspective toward secularism. In another article, I analyzed the transformation of the AK Party and Gülen movement with certain external (globalization process) and internal (the February 28 coup) conditions. In this essay, I will focus on the interaction between these two entities to explore their changing perspectives. I will first discuss the two different types of secularism that the Kemalists and conservatives defend in Turkey. Then, I will briefly summarize diverse discourses of the Milli Görüş and Gülen movements. Finally, I will examine the exchanges between the Gülen movement and the AK Party with regard to their rethinking of Islamism and secularism.
Reports on the topic "Judicial branch"
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Cusato, Antonio, Hector Conroy, Roberto F. Iunes, et al. Country Program Evaluation: Colombia (2007-2010). Inter-American Development Bank, 2011. http://dx.doi.org/10.18235/0010441.
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This evaluation examines the IDB's Country Program with Colombia for the 2007-2011 period. The evaluation found social investment and decentralization as two areas in which the IDB maintained presence and relevance during this period. In social investment, the IDB was consolidated as a stable partner to Colombia in the creation and operation of a long-term social safety net. In regards to decentralization, cooperation was crosscutting, as the IDB worked with subnational institutions in diverse sectors, such as transportation, business development, housing, and modernization of the State. The IDB also continued its long-term work with Colombia to modernize and improve the efficiency of oversight agencies and the judicial branch, helping the country to obtain sizeable savings. To continue to improve the strategy with Colombia, OVE recommends that the IDB should: (i) increase its efforts to lower the transaction costs of IDB's cooperation with the country; (ii) improve the evaluability, monitoring and evaluation of the Country Strategy and the projects financed by the IDB; (iii) identify and strengthen the IDB's capacity in the areas and sectors in which the country will concentrate its demand for financial cooperation; and (iv) identify international development experiences that have been successful and present them to Colombia.