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12 Oct 2011, 6:15 am
The creation of a formal apex court, autonomous of the elected branches of government, is also a milestone in the formalisation of the judicial branch and its functions and a manifestation of the ongoing shift in the balance of power, away from politicians towards the judges, which has implications for all constitutional institutions. [read post]
5 Feb 2013, 7:06 am
If you look at our three branches of government, the legislative, the executive and the judicial, there is and must be a role for the citizen in all three, be it by direct election, indirect election or direct participation in the process, the Constitution enshrines in each branch a role for the citizen. [read post]
10 Dec 2019, 9:01 pm
The court quotes the Delaware Code of Judicial Conduct, which requires state judges to be “unswayed by partisan interests. [read post]
2 Feb 2024, 3:10 pm
There are six criteria for the political question doctrine, and only one needs to be present to trigger a lack of jurisdiction: (1) the text of the constitution gives jurisdiction over an issue to a political branch of government; (2) there is a lack of discoverable and manageable judicial standards for resolving the issue; (3) the issue cannot be decided without making a policy decision reserved for the political branches; (4) the court cannot make an independent decision… [read post]
10 Oct 2013, 6:04 pm
Much of D.C. may be suffering from the partisan gridlock gripping the White House and Congress, but the Least Dysfunctional Branch is back, rested, and ready to get to work. [read post]
26 Jan 2015, 1:12 pm
Grand Justice Liu focused on the development of judicial transparency, a matter of paramount importance inthe Chinese legal system, and, in particular, safeguarding fairness and promoting efficiency in judicial process. [read post]
25 Nov 2010, 4:53 am
In other words, you have to look, sound and act like a member of an independent and objective branch of the government. [read post]
5 Jan 2023, 12:34 pm
Constitution, to provide counsel to indigent defendants whom its executive branch prosecutes in courts that its judicial branch runs. [read post]
4 Apr 2025, 4:30 am
For several reasons, including newfound anxiety over executive branch compliance with adverse judicial decisions, the issues analyzed in this Article are vitally important today. [read post]
24 May 2025, 3:00 am
For several reasons, including newfound anxiety over executive branch compliance with adverse judicial decisions, the issues analyzed here are vitally important today. [read post]
26 Dec 2012, 9:05 am
Watch for tree branches. [read post]
28 Dec 2011, 2:15 am
The common law of foreign official immunity, which the Samantar Court did not define, operates at the intersection of international law and domestic law, and it implicates the constitutional separation of powers between the executive and judicial branches. [read post]
19 Sep 2009, 4:33 pm
Recent national security controversies have given the Youngstown framework a whole new lease on life, and its relevance for courts, Congress, and executive branch officials has never been higher. [read post]
16 Aug 2018, 11:27 am
The court rejected the activists’ argument, saying it is not the role of the judicial system to “second-guess the wisdom of the legislature. [read post]
1 Mar 2012, 5:00 am
Though in recent weeks his criticism of the judicial branch has been viewed as a threat to that branch’s independence. [read post]
20 Jan 2010, 9:07 am
Judge Quinn, Chief Court Administrator, explained in testimony before the Appropriations Committee that the closures had become necessary because the Executive Branch cut $12.9 million from the budget for the Judicial Branch. [read post]
21 May 2014, 11:38 am
While any improvement on the student loan collection scene would be most welcome, the uncertainty here is how much influence the Department of Education (an administrative agency in the executive branch of government) would have with the bankruptcy court system (part of the judicial branch). [read post]
18 Apr 2014, 12:36 pm
Similar stories have been told about shifts in power, for example, from the legislative branch to the judicial branch, but never has a story been told about an institution like the jury that has absolutely no power to protect and take back its own authority. [read post]
30 Mar 2008, 10:28 pm
They recognized that liberty is best defended when it is difficult to pass a law, and they split power vertically and horizontally, within the federal government, between the states and the federal government, between the executive, legislative and judicial branches, and they barred some laws from being passed at all. [read post]
14 Sep 2009, 9:56 am
Rather than rubber-stamping Executive Branch decisions, the Judicial Branch is exercising independent judgment - which is what the Constitution requires. [read post]
