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A Central Issue For All Sovereign States

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A central issue for all sovereign states is the organization of their judiciary and the role it plays in furthering the peace, order and good government (POGG) as a feature of constitutional rule (Yusuf, 2014). As the highest forum for legal challenges, the final appellate court can play a crucial role in policy making. This research provides answers to what influences a state’s governing coalition in choosing a final appellate court. As challenges to policies deemed necessary for POGG percolate up the judicial hierarchy, legitimization by the judiciary is an important issue (Dahl, 1957). The concept of ‘political jurisprudence’ encapsulates the idea that judges, as well as courts, must be understood as part of the political and judicial…show more content…
The Supreme Court declared several acts of Congress to be unconstitutional, which stalled the implementation of policies the executive and legislative branches deemed necessary to address the economic challenges facing the United States during the Great Depression. This exercise of judicial review, however, did not go unchecked. The power of the executive and legislative branches to replace retiring Supreme Court justices with justices who shared the policy preferences of the elected branches was crucial to resolving the impasse with the Supreme Court. The rebalanced Supreme Court subsequently reversed itself and affirmed many key New Deal policies (Currie, 1987).
While the constitution and administration of final appellate courts are not monolithic, the role played in public policy in other states is no less important. States can decide on the appointment, number and terms of service of the judges, jurisdiction and funding for the national court. There are some states, however, that have constitutional ties to an extraterritorial judicial entity which then serves as the court of last resort. Such extraterritorial courts are located outside state borders yet exercise jurisdiction over cases originating in that state. Not all extraterritorial courts are the same. The level of control member states exert on the European Court of Justice (ECJ) is widely discussed in the extant literature on the European Union. This control is in
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