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Judicial Independence Within a Political Process
The role and function of the judge
Role of judges in the court system
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The American judicial process is one that is complicated. This is mostly due to the fact that when judgments are passed on any social issue whatsoever, there seems to be a public outcry. However, what people do not seem to realize in all of this is the mere fact that the legal system cannot work on its own as it needs the support of the United States’ citizens. When this is not the case, it will result in people suffering under the system whereby only a few people, in this case judges, have the mandate to decide what is right or wrong. In doing so there might be political actors, instigating such judgment, or the judges might act on personal intuition. Whatever the case, unless the citizens of the United States participate, the outcomes of any judgment are largely unknown. …show more content…
They help in resolving disputes between people, and interpret as well as apply the law. In doing so, they are able to define our right and responsibilities. On the other hand, they are also able to rid the society from wrong doers who commit the crime. That said, there is no doubt judges are very integral to the American judicial process. That is why their judgment should be, at all times, fair and free from prejudice. Additionally, the judges are expected to have high standards of behavior and that is why in the vetting they must demonstrate this fact. They are expected to execute fair judgment to all, rich and poor alike. However, in order for the judges to be able to execute fair judgment at all times, it is important that they receive the right support from all quotas and more so from the citizens. My theory with regard to this is the ability of the judge to pass fair judgment at all time is that it could possibly be dependent not only, on their interpretation of the law but also, their party association, gender, family structure, economic status,
This action showed how the government judicial system is not all that effective in prosecuting
The following is an adjusted version of an argument I presented in Critical Thinking last semester. My opinion has not changed, just expanded.. :)
People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them. Looking at the history of the judicial branch of the United States Government, I believe it needs to be limited in its judicial review power, but have certain exceptions where necessary in some cases.
...it from protecting the rights of minorities and from becoming a true proponent of social change. In conclusion, the Court is a somewhat constrained institution in that it only responds to the demands and whims of society. The Court's dependency upon society for case initiation as well as case enforcement prevents the Court from rendering decisions entirely opposed to societal opinion, thus why the Court can never fully lead social change within the United States. This is why, “at its best the Court operates to confer legitimacy, not simply on the particular and parochial policies of the dominant alliance, but upon the basic patterns of behavior required for the operation of a democracy” (Dahl 295).
Viewing a judge's sentence creates a divide in society. Will the accused be offered a fair trial? Could t...
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
If laws were made and they didn’t follow the constitution, then America wouldn’t be America anymore. Therefore I believe that their role to protect the constitution is essestial to protect the country and also the people. They also have an appropriate amount of power over the legislative branch. If the legislature makes the laws that do not go according to the constitution, the judicial branch has the power to declare their acts unconstitutional. “Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.” Futhermore, the judicial branch is there to make sure the constitution is followed ultimately so that the will of the people is considered and protected.
...ies. Depending on the states’ political culture, the judge is elected through popular election either with partisan or nonpartisan elections. The political culture of the state affects the judges’ capabilities to make decisions. Judges are to uphold strict interpretation based on past precedent but it is difficult with social pressure. For example, moralistic Massachusetts passed civic unions for gays, however, in traditionalistic state Georgia would likely deny gay rights.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
When we are young, most of us are somewhat naive. We are inherently taught that
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
For those of you who have not written a law essay before please note that, in law essays, footnotes appear at the foot of each page. Here is an extract from a student’s answer to a question which was set some years ago.
In the arriving court , the judge exemplifies a lot of challenges , as a quality aspect of the court. According to research a judge is an officer who has been elected to bring justice and reap the law throughout the court of justice (). As a judge, common requirements are measured in order to pursue the job qualification. Therefore , the U.S. Bureau of Labor stated that , “ a judge must attend undergraduate school , which a study of choice is not mandatory. Judges must hold a prior legal practice and hold a Juris Doctor degree. While obtaining the degree , one must complete a series of legal classes at law school approved by the ABA (). After , successfully completing the level of achievement an aspiring must pass a bar exam to move to the next level. After successfully passing the bar exam ,one is appointed as an attorney in till obtaining judgeship. Having a strong board behind you for support can boost one's promotion opportunities into being elected for the judge position. Next , on the personnel staff is the District Attorney best known as the D.A.. A district attorney is a prosecuting officer who shows presentation throughout the state in specific trails (). Duties vary for a DA , duties like educating the public and the enforcement of law about how crime prevention can be stopped. District attorneys have a load of employees working hard their wings. According to significant sites , a DA must hold a legal education and a state licensure. Before , the acquirement of DA requires , a high school diploma and a undergraduate degree of four years is required (). Yet , a Juris doctor from a ABA school is required . As the list of personnel continues on ,the next listed job is the hearing officers. Hearing officers make change over ...