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28 Jun 2007, 10:12 am
In a another 5-4 decision (Justice Kennedy did not join the plurality opinion, only the judgment, more on that later), the new Roberts Supreme Court, throwing away claims of judicial minimalism and any claims to respect for federalism, today ruled unlawful two VOLUNTARY school integration plans. [read post]
18 Jun 2018, 7:22 pm
He Fan notes that if the term is translated as the “Judicial Branch,” it appears to mean the court system [and to an English speaker implies a system with multiple branches of government]; 审判机关: He Fan translates as “Adjudicative Body,” which he says is generally accepted internationally, but in my own experience “judicial organ” is used more frequently. 审判员: he considers… [read post]
26 Jun 2013, 7:32 pm
It is constituted by 1) a system of authorities guided by the ideal of the “rule of law”, 2) a cluster of conceptual categories centered on rights and rules, 3) institutional arrangements which take judicial institutions as the most fundamental and 4) the consciousness of the legal civil order which rests on rights and law. [read post]
19 Apr 2019, 2:20 pm
Given the president has the power to fire most executive branch officials, can the president ever obstruct justice by exercise his Article II authority to remove an executive branch official? [read post]
28 Sep 2023, 6:30 am
There are two aspects to this divide, which map onto steps one and two of Chevron, relating respectively to statutory interpretation and the methodology of deferential judicial review. [read post]
28 Apr 2022, 8:30 am
They insulated themselves from the normal checks and balances between the political branches and the judiciary. [read post]
28 Jun 2023, 10:30 am
Constitutional democracies that have not succumbed to constitutionalism would no doubt still retain some constitutional elements, but it is not entirely clear what these elements might be (apart from the idea that courts should not automatically have the final word).But perhaps the main problem is not constitutionalism so much as an overly powerful judicial branch? [read post]
4 Nov 2019, 2:20 pm
Oversight is much different than prior judicial authorization. [read post]
3 Aug 2020, 6:30 am
But the failures of originalism as a judicial philosophy run the risk of obscuring the role of the actual Constitution in the decay of Constitutional orders. [read post]
12 Jan 2024, 4:30 am
This has the potential to warp the decisions of the Court—not by changing any Justice’s votes, but by preserving a particular judicial roster. [read post]
26 Mar 2020, 12:42 pm
” Ultimately, the Baker case merely decided that the Supreme Court had judicial power to hear such challenges to state apportionment schemes. [read post]
21 Dec 2018, 4:47 am
It’s not up to Congress to make laws telling a co-equal branch of government how to behave. [read post]
9 Jul 2007, 5:45 am
Madison, which established judicial review under the Constitution of the acts of the other two branches. [read post]
16 Jan 2014, 4:00 am
In R v Operation Dismantle, the Court established that “political” questions are not immunized from Charter review.291 In NAPE, where the Newfoundland Court of Appeal invoked the principle of the separation of powers as a barrier to judicial interference with “policy initiatives within the purview of the political branches of government,”292 Justice Binnie responded for the majority: The “political branches” of government are the… [read post]
25 Jun 2007, 9:14 am
Permitting any and all taxpayers to challenge the content of these prototypical executive operations and dialogues would lead to judicial intervention so far exceeding traditional boundaries on the Judiciary that there would arise a real danger of judicial oversight of executive duties. [read post]
27 Oct 2009, 4:43 am
(iii) Do prudential considerations counsel against judicial intervention? [read post]
6 Mar 2024, 4:00 am
The Canadian Judicial Council’s Ethical Principles for Judges includes the principles that “Judges treat everyone with civility and respect in the performance of their judicial duties” (Principle 2C). [read post]
18 Feb 2020, 4:20 am
If Judge Jackson knows her job, and Article III shields her from the viciousness of presidential twitter, and the judicial branch of government has no role in the functioning of the executive branch of government, or the attorney general’s management of the Department of Justice, what does the FJA has to do with anything? [read post]
21 Sep 2022, 7:00 am
However, this is a similarity with a distinction, since Venezuela’s government has five branches: legislative, executive, judicial, citizen and electoral. [read post]
7 Sep 2017, 2:32 pm
(Contrast my own reflections here).To that end it might be useful to reflect on the Statement by Beatriz Balbin, Chief, Special Procedures Branch, Office of the United Nations High Commissioner for Human Rights, made to the 35th session of the Human Rights Council Geneva (16 June 2017) entitled Report on the 2016 UN Forum on Business and Human Rights. [read post]
