Judges and Their Roles
The Lord Chancellor plays a crucial role in the appointment of all judges.
The selection and appointment procedure for district judges, recorders and circuit judges is broadly the same. Suitably qualified candidates apply to the Judicial Appointments Department of the Lord Chancellor’s Department (LCD) in response to an advertisement. References are taken up, and wider ‘secret surroundings’ are carried out by officials within the LCD. A shortlist is prepared and those candidates are interviewed by a panel of three – a circuit judge, an official from the Judicial Appointment Department and a lay member. The interview panel recommends candidates to the Lord Chancellor,
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The system prides itself on having independence from pressures that might be put upon it by Government, the general public or other sources, therefore judges need to feel secure in their posts.
All judges of the Supreme Court – of the High Court rank and above – hold office ‘during good behaviour’; this means that they may only be dismissed by the monarch following the passing of a substantive critical motion through both Houses of Parliament.
It is possible for a judge to be removed on grounds of incapacity – through physical or mental ill-health – but this very much depends on the discretion of the Lord Chancellor.
As regards the removal of junior judges (up to the level of circuit judge), the Lord Chancellor has introduced procedures to reflect the Human Right Act 1998.
5b). To understand the different roles of judges, it is necessary to distinguish between the different
Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the
Libya is a country east of Egypt with just over 6,000,000 people. Libya’s first ruler was King Idris I, he was elected after World War II when the people were looking for a new leader. He was Libya's only King. He established embassies with many large countries such as the U.S. and also allowed U.S. military to come in to restore and maintain the rights of the Libyan people in his first decade as a king. After King Idris I died in 1969, Libya fell apart. A new ruler, Gaddafi, began destroying Libya and its government. In 1972 tensions increased so much between the American and Libyan governments the American ambassador was removed from the embassy in Tripoli. In 1979 all American embassy workers were removed after an attack. In 2011 the people
The United States judicial branch to the general American public can seem insulated from politics, because of their adversarial system, that does not allow judges to choose their cases. The judicial branch unlike, their two counterparts, the legislative and executive at large rely on the respect of the American people and the heads of the two other branches. In appointing members of the federal judiciary, Presidents appoint members who resemble their political ideologies and their likelihood of confirmation in the Senate, the Senate confirms these members based on their performance on the litmus test and Senatorial courtesy. Courts, specifically the Supreme Court, make decisions based on the Constitution, but the legislative branch has the
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,
In Texas, the Judicial system is made of up judges whose jurisdiction ranges from municipal, county, probate, district, and justice of the peace courts, each of which undergoes an election process, one which is the same for each judge, expect for the municipal. An advocate for another system, Wallace Jefferson, firmly believes that an appointment system should take place for all judges to assure that those who are put into a position are done so based off of merit and qualification. However, given the current system, judges, per say those who wish to serve on a district court, must adhere to these requirements. Judges must be a U.S. citizen, a resident of Texas, have been practicing law as a lawyer or state judge for at least four years, be between the ages of 25 and 75 and be a resident of their respective judicial district for two years, minimum.
The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.
The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
Judicial elections, a process virtually unheard of in any other modern-day democracy, is the most popular method of selecting judges in the United States. The elections are either partisan, requiring the candidates to secure an endorsement by a political party; non-partisan, requiring no political endorsements for the candidates; or retention, requiring appointed judges to face reelection to retain their seats after some time on the bench. Judicial elections were established in the nineteenth century to balance public accountability and political independence of the judges. And, with the settlement of most large-scale controversies ranging from: gun control to desegregation inside courthouses, the process of selecting judges
There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.
The judicial selection process can be complicated at times, and different states have different stipulations as to what needs to be required to be a judge. In recent years, proposals have been introduced by legislators, governors, courts, and citizens' groups in nearly every state to limit the role of politics in the selection of state judges (global reach com, 2016). In numerous states, there is more than one method used when it comes to selecting a judge. The judicial process in the state of Alabama requires special schooling and obligations to become a judge. Judges in Alabama are selected in the partisan balloting (globalreachcom, 2016). The Alabama Constitution implements necessary qualifications before an individual is selected to be a judge.
The lower courts are bound by the House of Lords so they have to apply
Justice William J. Brennan, Jr. said it the best in his speech to the Text & Teaching Symposium, "We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans." Justice Brennan also called the Constitution a fundamentally public text and called for its use to resolve public issues. If that is true, then the document must be interpreted from today's perspective - Judicial Activism. However, using only that approach would be saying that the work of the original framers was mute. This document is over two hundred years old and still very relevant to today's society. In my opinion, the court needs to find a fine line between activism and restraint or intentionalism
The Supreme Court has had many different places where it was located over the years. There has been a struggle to find a permanent home for the most powerful court of law. At first, the meetings were in the Merchant Exchange Building in New York City. The court then followed the nation's capitol to Philadelphia in 1790. In 1800 the court again relocated to Washington DC. At first they spent their time meeting in various places. The place to find the Supreme Court now is in Washington DC, on First Street located in Northeast.