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25 May 2018, 10:48 am
” The New Mexico Judicial Branch is an equal opportunity employer. [read post]
5 Jun 2024, 7:30 am
Rather, original intentions, meanings, and purposes, like structural inferences, customary political-branch practice, and judicial precedent that developed and endured long after ratification of constitutional provisions, inform how we should understand the Constitution's purposes and thus how we should decide interpretive questions when its language is not fully determinate or does not fully cover the case. [read post]
31 Dec 2017, 5:19 pm
This was made public the following year and the ensuing controversy was described as “an unprecedented rift between the Prime Minister’s Office and the Supreme Court of Canada, the executive and judicial branches of government. [read post]
14 Oct 2019, 9:05 pm
Lax judicial review will not only reduce political accountability—it will rope the courts further into the political fray. [read post]
6 Jul 2007, 10:11 am
")[UPDATE: Let's put it this way: This is not a case in which the govenment's alleged unlawful conduct did not harm anyone and in which the judiciary is therefore merely being asked to sit in judgment of a coordinate branch's lawfulness -- something that arguably is better suited for the political branches. [read post]
16 Feb 2012, 4:33 pm
Exactly 50 years after he wrote The Least Dangerous Branch, his classic work on constitutional theory, it seems that his ideas are having more impact than ever. [read post]
12 Oct 2024, 4:45 am
That is often a powerful argument that leads to deference of the courts to the political branches. [read post]
17 May 2025, 7:39 am
" To reach beyond the litigants and to enjoin the Executive Branch's actions toward third parties "would be not to decide a judicial controversy, but to assume a position of authority over the governmental acts of another and co-equal department, an authority which plainly [courts] do not possess. [read post]
25 Apr 2012, 2:17 pm
Accordingly, many lawyers and judges are enthusiastic about cameras in the courtroom and what this could mean for the judicial branch as a whole. [read post]
16 Feb 2012, 4:38 pm
Exactly 50 years after he wrote The Least Dangerous Branch, his classic work on constitutional theory, it seems that his ideas are having more impact than ever. [read post]
17 Dec 2010, 5:37 am
So when our own governor-elect, a lawyer, advocates the State ignore deep seated discrimination against a minority group, he proves that power of the executive branch must be checked by the judicial branch. [read post]
6 May 2009, 9:55 am
The court explained that the interest served by having a judicial officer make a disinterested determination was "lessened" in the context of extraterritorial searches because a domestic judicial officer would have difficulty determining the reasonableness of a search on foreign soil and because courts should respect the wide discretion given to the executive branch in foreign affairs. [read post]
11 Oct 2008, 10:15 pm
That's the Article II standard for executive branch officers, who serve at the will of the electorate - the extremely high standard required for reversing an election.The standard for removing a patronage appointment in the judicial branch is the much lower one of "good behaviour", for the obvious reason that removal by impeachment means only that a judge returns to the other side of the bench and resumes a career in a profession the… [read post]
14 Oct 2010, 11:03 am
Separation of Powers Another important cause of structural fragmentation is in the odd divisions of labor among branches of government and even within single branches of government. [read post]
5 Aug 2018, 2:02 am
This insight is that a key protection against tyranny in the executive and judicial branches is the ability of popularly elected legislatures to exercise influence over the compensation of officials exercising this authority. [read post]
30 Jan 2024, 9:05 pm
Supreme Court has become less deferential to agencies, however, a future deregulatory president may have a “deregulatory ally in the judicial branch,” Johnson anticipates. [read post]
7 Mar 2007, 3:25 pm
It does so to the great detriment of the judicial branch which is made to act as if it were performing its judicial task while it has had its ability to perform this task removed. [read post]
6 Apr 2012, 1:58 pm
It’s judicial tradition. [read post]
21 Jun 2024, 3:47 am
Some might find it strange to see an ordained minister working for the judicial branch of the federal government. [read post]
17 Nov 2011, 3:35 am
Pepple has a problem with this, too, arguing that it violates the doctrine of separation of powers: if the DRC does reply within 45 days, the judge has to do what they tell him, and that’s the executive branch prescribing punishment. [read post]
