Judicial Independence PDF

Please forward this error screen to v1006689. The judiciary can also be thought of as the mechanism for judicial Independence PDF resolution of disputes. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review.


Författare: Hilke Thiedemann.
Die Arbeit untersucht Reichweite und Umsetzung der Verfassungsgarantie der richterlichen Unabhängigkeit in Südafrika und Deutschland. Aktuelle Probleme und Tendenzen der jeweiligen Gerichtspraxis werden untersucht, Gefahren und Defizite anhand aktueller Entscheidungen systematisch herausgearbeitet.

In the US during recent decades the judiciary became active in economic issues related with economic rights established by constitution because „economics may provide insight into questions that bear on the proper legal interpretation“. In the 1980s, the Supreme Court of India for almost a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution. In civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a similar role to case law. In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases. In the People’s Republic of China, the final authority on the interpretation of the law is the National People’s Congress.

In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times. Japan’s process for selecting judges is longer and more stringent than the process in the United States and in Mexico. Justices of the Mexican Supreme Court are appointed by the President of Mexico, and then are approved by the Mexican Senate to serve for a life term. Other justices are appointed by the Supreme Court and serve for six years. United States Supreme Court justices are appointed by the President of the United States and approved by the United States Senate.

The Supreme Court justices serve for a life term or until retirement. Executive Office for Immigration Review, part of the United States Department of Justice in the executive branch. The Constitution as an Economic Document. The George Washington Law Review, November 1982, Vol. Jeremy Cooper, Poverty and Constitutional Justice, in Philosophy of Law: Classic and Contemporary Readings, edited by Larry May and Jeff Brown, Wiley-Blackwell, UK, 2010. The symbol of the judicial system, seen in courtrooms throughout the United States, is blindfolded Lady Justice.