methods, timely hearings and timely decisions. Of no less importance to demonstrating judicial accountability is having a quality adjudication system that puts out quality products (decisions). In an era when perceptions can be more compelling than reality, these two pre-requisites are indispensable. Another important method of demonstrating accountability in the administrative judiciary is to have an appropriate judicial disciplinary mechanism, and a complaint handling system, that safeguard the due process rights of both the public and accused judges. Judges should be disciplined when they violate appropriate standards of competence and conduct, including Canons of Judicial Conduct, which enjoin all judges to be free from improper influences;
1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary.
However, the conflict between illusion and reality afflicts not only the masses but the individuals
A judge needs to be able to “interpret the law fairly and independently without personal feelings, religious values, past experiences or self-promoting agendas that interfere with that responsibility” (Writer, Leaf Group).
Together with, the Constitution of the United States likewise designed a strong government by establishing a national court system. This helped the government become more secure by having equal justice under law for every citizen including the president. In the document Powers of the Federal it presents the judicial powers and the supreme court. It states, “this branch interprets and ruled the actions of the other branches” (Document 2). This shows that the judicial branch has the ability to run each case according to the law it violated, without the influence of outside factors. Founding a national court system preserved and interpreted the law. Also, this demonstrates that having a court system help the government by equivalent laws enforce
The political cartoon analyzes the branches of government using football as a metaphor to show checks and balances that limit the power of the government. Furthermore, checks and balances work for the U.S. government because powers are delegated to each branch and the checks allow for equity among the branches. In the cartoon, the legislative branch and the executive branch are playing against each other while the judicial branch is the referee. In document one, Congress has the power to write laws, but the president can veto the bills that Congress proposes. Thus, the powers balance out the branches’ powers, which keeps them in a tight line of what they are allowed to do. Also, the President appoints judges, but Congress can reject them. They
Our United States government is composed of three branches: Executive, Legislative, and Judicial. These branches uphold checks and balances, as in each branch can check each other to keep the balance in power. For example, the Executive Branch can veto bills from the Legislative branch, and the Judicial branch can declare congress made laws unconstitutional. , The Legislative Branch can also check the Executive and Judicial Branches in many ways. These combined with other allowed checks keep the government balanced out and predominantly fair.
Sometimes, it seems that the best representation of fiction is reality, not the other way
All of the branches of government were designed so that each branch would have equal power and would be able to have checks and balances on the other branches. The President leads the Executive Branch, which has the power to veto laws and give forgiveness for crime (Nowaczyk 1). The Judicial Branch consists of the Supreme Court which is the highest court in the land (The Judicial Branch 1). The Legislative Branch and Congress have the most power in government. Congress can make laws, Congress can declare war, and is basically in charge of all issues involving money.
Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. “The ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves”. Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. “Outcomes should not be influenced by considerations of political or financial consequences”. Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not
Such as showing favoritism and political corruptions. Once a judge cannot be trusted to do their job the proper way, which abide by the ethics of equal judgments, no emotions, no personal biases and come to justice, at that moment they do not deserve their chair anymore allowing them of overusing their
The case that I identified for this paper, is - “WHITFIELD v. UNITED STATES.” This is a very interesting case because the whole case focused on a single term - “Accompany” and the extent to which this word can be used while dealing with legal matters. Claimant Whitfield, running away a messed up bank robbery, went into 79 - years old Mary Parnell’s house and steered a frightened Parnell from the hallway to an area few feet away, where the woman suffered a heart attack. He was found guilty of, amongst other things, breaching 18 U. S. C. §2113(e) that establishes increased penalties for any person that forces another individual to go along with him or her without proper consent from that particular person while robbing a bank or escaping after conducting a crime of such.
Court and process: Constitutional Court ruled that the law is the prerogative of the federalism, not only reconciliation state governments. The state of government did not agree that would be their responsibility for repaid Mr. Barron. The chief justice John Marshall thought that this is not the states problem, and there is nothing to do in the side of the city of Baltimore. Mr. Barron insists that is in the faith amendment and it should be until the bill of right of the state government, and the federal government were unsure of the faith amendment was so clear. However, after the civil war the state of government made the fourth amendment that the state can’t take any bill of rights from the citizen.
This type of wide range with no standards is judicial activism. Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It insists that judges should hesitate to strike down laws unless they are obviously unconstitutional. Judicial restraint is the opposite where a judge tries to go by set guidelines. Like for example say the standard punishment for robbery is 5 to 7 years in prison.
The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.
develops into a commentary on the majesty of the law, the status of judges who must