Judiciary

has the last say in matters regarding judicial review, and because of this, they should be able to operate independently from the other two branches and serve as the final say in these matters. According to Padovano, Sgarra, & Fiorino, (2003), the judiciary is generally better positioned to check such unlawful behavior then voters, since he has access to much better information than they do. Voters that often want a bigger say in these rulings are not always the best options for keeping a strong…

basic liberties. The Civil Rights Movement demanded equality in the post-Civil War South infested with Jim Crow and Black Codes. It is through Gaines’ literary piece of A Lesson before Dying that attention is shed upon the social injustices in the judiciary system, educational system, and racial relations in a small, southern agricultural community during the mid-twentieth century. However, some might suggest that Gaines’ true intention of this literary piece was based upon the strong…

modern democracy. A government though must sometimes restrict the human rights of some of its citizens in order to protect the state and its people. The judiciary has a role in deciding when to intervene in the restriction of the human rights of the citizenry when it feels the government has gone too far. In this essay I would argue that the judiciary should not use defence on matters of national security restricting the citizenry’s human rights and should fulfil its role as an independent check…

States, suggestions/requests have been introduced by representatives of the civil society, legislators & governors to limit the role of politics in the selection of state judges. These actions were motivated by the recognition that an independent judiciary is crucial for the maintenance of public confidence in the bench. The judicial system however remains imperfect. While some states chose to appoint their judges, as a way to preserve the independence of the bench, most surprisingly chose to…

Racial disparity in the criminal system may influence a judge’s discretion on a case where a crime may be morally wrong, yet the decision of a judge may give a less sentence based on race, status, and history. For example, graduate Judge Aaron Persky in the State of California vs. Brock Turner case, gave Brock Turner a 6-month sentence instead of 6 years in a rape case. Many felt that Judge Persky was being too leniency and may have been biased because he and the perpetrator went to Standard.…

“The Roles and Functions of the Judiciary: A Comparison between Malaysia and the Republic of Philippines” The judiciary of Malaysia and the Republic of Philippines are similar, but owing to different historical influences, both judiciary systems have developed differently to perform the same purpose of upholding the law as enacted by the legislature alongside the executive. The history of the Malaysian judiciary traces across three major timelines; that is, the pre-British colonial era, the…

Texas Judicial System The process of the Texas Judiciary System is long and complicated. The system is divided into many subdivisions under the 2 main courts. One for civil cases, which is the Supreme Court of Texas, and the one for criminal cases called the Texas Court of Criminal Appeals. Each process in the Texas Judiciary system has certain strengths and weaknesses. Even though the Texas Judicial system has been around as long as 1822 (Handbook of Texas Online), there are some reforms being…

justly administer the laws passed by congress. The executive branch is to ensure that laws passed by Congress are applied everywhere, not selectively enforced amongst different minorities of race, and ethnic background, or political opponents. The judiciary branch’s competence is to dispute resolution by conducting trials where laws are not applied to everyone and only applied to individuals, and to portray the laws when there are legal disputes about the meaning of the laws. The Founders…

OF SEPARATION OF POWER The doctrine of separation of power is a vital principle in constitutional law. Basically, doctrine of separation of power deals with the mutual relations among the 3 organs of the state which are executive, legislature and judiciary. This doctrine can be traced back to Aristotle which classified the functions and the power of the states into 3 categories named continuous executive power, discontinuous legislative power and federal power. The clearest explanation of…

Although the Judicial branch is the last branch of government, it is by no means less important than the other two branches of government. This branch is composed of the Supreme Court and the lower federal court system and is in charge of interpreting the law. In the third article of the Constitution, all courts in the Judicial branch have the power to decipher the law, have a Chief Justice who is in charge of making the hard decisions over trials that deal with presidential impeachment, and…