Introduction
The country of Fredonia is in need of assistance on rewriting a new constitution and the restructure of its court system. There are a few different methods when it comes to selecting judges to establish a national supreme court. Being that the country is unitary it is not going to be the same as the United States of America and the federal system that is in place. The Unitary system is when a centralized government controls all the policies of the country. The country can pick from the election method that can be either partisan or nonpartisan which is ballot votes, appointment method of either legislative or executive where the governor or the executive in charge makes the decision on who to appoint, legislative selection where the state chooses the appellate and Supreme Court judges, or the appointment election method where a list of qualifies individuals is made and a review session and selections process is put forth to choose the best fit justice for the vacant position. All are great methods in their own way and depending on the country, but they all have their negative aspects as well which all will be discussed. Being that the country is rewriting its constitution and has to make sure it is put forth in the best way possible the pros and cons of each method have to be looked upon to determine which best fits the country. From all the methods available to choose from the method that would best fit for Fredonia when it comes to choosing justices to
In Nevada, in contrast, the State Supreme Court uses a “staggered” system in order to appoint their judges. The judges are selected not by presidential appointment but by “qualified electors of the State at the general election,” and are only allowed to hold their office for a limited period of years. Furthermore, the Chief Justice is only allowed to maintain their post for six years, thus reducing the opportunity to shape the direction of the state’s laws throughout the remainder of their lives.
Over the time the Supreme Court gained the power. The Judiciary is the system of courts, but it is also a “process”. As the historic circumstances were changing the Judiciary had to adapt too. In the last fifty years there were two judicial revolutions that increased the power of the Court. The first one was in the area of civil rights when the Court liberalized many public policies. In the second revolution the Judiciary
State court judges are selected in a variety of ways, including being selected by the governor of that State in which they reside or by the state legislature. In some cases, judges are able to run for election if they want to be a judge.
Judicial independence is a concept of constitutional law that requires the judiciary o be kept away from all other arms of the government. It requires that the judiciary be free from influence from the other arms of the government and any private individuals. It is vital for the doctrine of separation of powers. Judicial accountability is a principle that brings the concept of keeping the judiciary under scrutiny. It requires that the judiciary and judicial officers be held accountable for their actions while in office (Seibert-Fohr & Muller 2012, p.10). This essay is aimed at discussing these two principles and assess whether the change in the Australian judicial appointments process would enhance judicial independence and judicial accountability with a view of making recommendations where changes are necessary.
In 1789, each of the thirteen states had already establish a judicial system such as criminal and civil cases. The United States Constitution is the original document in which it established fundamental laws for the national government as well as protecting the right of the citizens. The U.S Constitution was designed to avoid too much power in the system of checks and balances. As years went by, the Constitution began to adapt to the modern changes. Subsequently, the judicial system began to full fill the U.S Constitution’s purpose. Both Federal and State have their own jurisdiction and functions as stated in the Constitution. However, in recent years the judicial system has been broken due to lack of structure in law on the book and law in action.
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,
Selection of judicial personnel differ amongst states in the united States, as all the states have their unique criterion of selection governing how they fill their state and local judiciaries. The five main methods are: Partisan elections, Nonpartisan elections, Legislative elections, gubernatorial appointment, and assisted appointment.
Jan Greenburg is a Legal Communicator for the ABC news. In this book she tells explains about nine different interviews she has had with high political leaders. The leaders range from Justices to the white house. This book basically takes the outside and inside view of how the court has changed over time. Court has changed over time with mainly communal problems such as: faith, ethnicity and illegal processes. Jan talks about how some of the court has basically used itself to gain power through these communal problems. This is really useful when it comes down to it, because it lets the reader realize that the court does not always give proper justice. There are numerous conflicts in the Supreme Court. People always want power, and some
There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
The first part of this essay will provide a brief insight into the history of the Supreme Court, the original intentions of the founding fathers and a discussion on how they idealized the relationship between politics and the law. The second section will explore how the contemporary process to which judges are appointed has become significantly influenced by politics. The third section will discuss how the Supreme Court overstepped its boundaries on constitutional interpretation in the Roe v. Wade case. The final section will unpack the importance of partisanship and ideological politics and discuss how it impacts the function of the Justices in their
It is recognised that Australia’s System of decision making in the court is in need of reform, if the
There are currently three procedures that are used to select judges. These methods are as follows: executive appointment, election, and merit selection. The goal is to use a process that picks the best judge or the most qualified and experienced. Each process has its pros and cons but there is one that easily stands out from the others.
-I think Sylvania should adopt the first option the first precidure would be a better way of choosieng the justices why in my opinion its way better for a judge being more independent why because its easier and much better, instead of a judge being close to the people I would prefer them to not give their ideolgy to the people so they can say what they think and not have the pressure of people seeing their results after a case for example judge John C. a former candidate for the supreme seat is approving the death penalty if he says yes if he votes for death penalty for a former criminal case people are going to be mad at him but they did not put him in that position its like a case about a girl got raped and want to have an abortion and the
When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national