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5 Jan 2007, 3:11 pm
My point is that this is a subtle example of the low regard in which the president holds the judicial system. [read post]
31 Mar 2025, 7:48 am
One of the allocations of powers has been in the executive branch. [read post]
10 Apr 2025, 4:30 am
The way the Court wields the judicial power can be a force for greater transparency and accountability, rather than exercises of power for power’s sake that ultimately undermine the legitimacy of the judicial branch. [read post]
18 Jun 2012, 1:59 pm
Limited judicial review. [read post]
1 May 2011, 6:29 pm
So here’s one other factor, which I think sometimes gets overlooked: the American focus on judicial restraint. [read post]
17 Jan 2024, 4:59 am
That deference continued to grow in later years to the point that some of us have warned of the emergence of a type of fourth branch of government. [read post]
25 Mar 2008, 9:40 am
The court interpreted the relevant treaties as "non-self-executing" (they do not create judicially enforceable domestic law because Congress has not incorporated them through legislation) rather than "self-executing. [read post]
23 Nov 2010, 10:23 am
It shrouds the parochial nature of this jurisprudence, which is highly protective of the judicial branch of government. [read post]
26 Jun 2007, 4:02 pm
At the last of those meetings, in August 2004, he was removed as supervising judge of the court branch in Hayward. [read post]
3 Apr 2016, 7:22 pm
They undermine the public values of separation of powers and deliberation by enlarging the judicial power at the expense of the legislative and executive branches and by leaning hard against one side of the ongoing debate over the appropriate scope of regulatory power. [read post]
30 Oct 2021, 12:23 pm
“Any further judicial clarification of the scope of EPA’s authority,” the government suggested, “would more appropriately occur” after the agency has actually issued the new rule. [read post]
18 Nov 2008, 10:40 am
I am not a fan of judicial discretion. [read post]
10 May 2012, 4:23 pm
Because there are no “judicial manageable standards” for determining 'sufficient sums' for . . . [read post]
19 Feb 2010, 9:42 am
History offers examples of other executives who have moved over to the judicial branch. [read post]
14 Aug 2012, 3:05 pm
These reactions raise a host of provocative questions about the relationships among the branches of government and between the Supreme Court and the lower courts. [read post]
2 Apr 2024, 7:19 pm
Professor Daniel Walters argues that the prevailing approach to judicial review of agency interpretations of law is politically contingent and explores four possible futures of Chevron deference based on the Court’s level of certainty about its relationship to the executive branch. [read post]
16 Aug 2012, 6:29 pm
Some commentators have gone further, arguing, based on what we already know about China’s under-developed and deeply political judicial system, that the outcome had already been decided at the highest level of China’s Communist Party, in the context of a political power struggle between top CPC leaders (Premier Wen Jiabao and President Hu Jintao) and Gu’s husband, former head of the CPC’s Chongqing branch. [read post]
21 Aug 2023, 9:14 am
Among the profound conclusions that follow are that all officials who ever swore to support the Constitution—as every officer, state or federal, in every branch of government, must—and who thereafter either “engaged in insurrection or rebellion” against the Constitution or gave “aid and comfort to the enemies” of that Constitution (and not just of the United States as a sovereign nation) are automatically disqualified from holding future… [read post]
26 Mar 2012, 11:03 am
Proponents of video coverage argue that cameras will make the judiciary more accessible to the public and allow citizens to become more educated about one of the least visible branches of government. [read post]
14 Nov 2023, 9:50 am
The Court is strongest when it remains independent, not when it submits to the other branches. [read post]
