Essays on Judiciary

Introduction

The United States has a Judiciary arm which is bound and guided by the United States Constitution. Although independent, the Judiciary professionals are guided by the code of conduct clearly stated in the constitution of the United States during their roles in dealing with crime. Part I:a) Parts of the Constitution of the United States most relevant to the ethical standards of professionals in the judiciary
In the united states Constitution, Section I, Article III , It states how Judicial power extends to every case, in Law and Equity occurring under the Constitution, United States Laws and Treaties completed or Continue reading...

OUTLINE
- Introduction
- Part 1: Thesis
- Part 2: Body
- Part 3: Conclusion
- Reference page

Introduction

The judiciary refers to a system of courts, which help in the interpretation and application of laws within a state. It is a system that also helps in the resolution of disputes within the state. There exist a clear cut difference between the legislature and the judiciary (Malleson, 2005). The legislature has the responsibility of making the laws, but the judiciary interprets the law and applies it to the situation at hand. The judiciary system helps in solving disputes and fostering Continue reading...

Judicial Independence

The concept of judicial independence is recognized by almost all constitutions of the world and the basic reason behind judicial independence is to keep the judiciary liberated from every kind of influences by executive, legislative or any other force. The Chief Justice of Canada in a recent judgment explained the importance of judicial independence:"Judicial independence is valued, because it serves important societal goals - it is a means to secure those goals. One of these goals is the maintenance of public confidence in the impartiality of the judiciary, which is essential to the effectiveness of the court system. Continue reading...

1. What is the role of congress in policy making process?
A policy is defined as a course of action that is established by the legislature, executive or the judiciary to influence the behaviors and decisions of the citizens in a federal state. Policy making process is not a monopolized affair and, therefore, involves decisive interactions among all arms of the government and the public participation. The congress and the President participate mutually in the legislative roles to a greater extent. However, their roles are made distinct at some point. The Congress is mandated in Law making, representation of Continue reading...

Introduction

The governor of the state of Texas Rick Perry authorizes availability of the HPV vaccine that will be dispensed through the Texas Vaccines for Children program for suitable young girls up to 18 years of age. The health and Human Services Commission shall avail the vaccine to Medicaid-qualified young girls from age of 19 to 21.The rules concerning the administration of the vaccination program shall be based on the standards that the Health and Human Services Executive Commissioner uses during the admission to the sixth grade. The governor creates exclusive public awareness concerning the vaccine as he pushes the Continue reading...

Introduction

This paper analyses two documents touching on legislative powers in the states of New Jersey and Virginia. The New Jersey document is dubbed Patterson’s propositions while the Virginia one goes by the name Randolph’s propositions. The following paragraphs will analyze the differences in the two documents in accordance to content, structure, powers and jurisdiction.
- Structural differences in the plans
The two plans have major structural differences. First, Randolph’s proposition favors the establishment of two branches of national legislature. In his proposition, Randolph asserts that members of the first branch of the national legislature will be Continue reading...

Report: The Federal Court System

Introduction
As well as research on the history and evolution of the U.S. Federal Court system, and the various responsibilities of the courts and their jurisdictions and functions, this report also researches the basic organizational principles of the courts and the responsibilities of the various associated agencies affiliated with those courts.

The Research

History and Evolution of the Courts.
As described in “History of the Federal Judiciary” (n.d.), the American courts system originated in 1789, following what was just an outline of a courts system in Article III of the U.S Constitution as drafted in 1787. Then in September 1789, the Continue reading...

1.0 Germany
Germany is a democratic and social federal Nation with 16 states[ CITATION An10 \l 2057 ]. The government of Germany is structured in three independent arms (Executive, Legislature and Judiciary). The 16 states (Länder) are each governed by a parliamentary system (Land government). Members of the state legislature are elected directly by popular vote. A minister president appointed by the largest party or coalition of parties leads the Land government and appoints the state cabinet. The state governments are fairly independent from the federal government with the federal government playing more legislative roles and the state Continue reading...

Abstract

Juvenile judiciary system was established in early 1900s. The system has been in place since then. However, the impacts of the juvenile judiciary systems have recently raise a lot of concerns. Some consider it as a poor option that should be abolished so that every citizen faces the full strength of law. Whereas others look at it as the second chance that the adolescents need to become responsible citizens. Indeed failing to punish the juvenile offenders is a contest that is yet to be won, but owing to its many flows, I coincide with the opponents of the juvenile Continue reading...

Introduction

The Texas executive order RP67 entails a decision by Rick Perry the Texas governor to change the structure of the Higher Education funding. The governor aims at developing a funding program that will reward students and institutional outcomes that are in line with the expectations of the state. He lays a structure that will oversee the success of the project. The committee will have one public member who is appointed by the governor, the presiding officer of the Texas Higher Education Coordinating Board, and the commissioner of higher education (Perry 01). The governor will be the general overseer of Continue reading...

The Australian administration law has developed over the last three decades. The framework of the law is marked by the comprehensive system of the administration law. Key elements addressed in the administrative law system include the conferral of information under the freedom of privacy legislation, human rights agencies, the review of the administrative tribunals, and review of the judicial courts. Administration law looks at the implications of three main groups which are the courts, executive, and a citizen. The three groups are directly involved in each of the administrative law dispute. They can either be the defendant, adjudicator or Continue reading...

Compare and contrast the Virginia and New Jersey plans

Virginia delegates who agitated for a bicameral legislative came with the idea of the Virginia plan. James madison conscripted the plan at the moment he was waiting for the quorum to gather at the constitutional agreement of 1787. Virginia plan was known for setting the itinerary of the debate during the concord and more so for setting the idea of populace weighted depiction in the suggested national assembly. Virginia governor, Edmund Randolph officially presented the plan on 29th may after it was drafted. The plan was presented into categories of 15 resolutions. William Peterson made the proposal of the Continue reading...

Question one: Discuss how and to what extent the U.S. Constitution governs and affects the intergovernmental relations in The United States of America. Discuss the tensions and conflicts between the levels of government
The Constitution of the United States of America indeed contemplates three tiers of government under the federal system. The federal system of governance is informed by the need to have different centers of power sharing governance of the same regions and persons. In that respect, it was essential for the Constitution to stipulate the relations between the government levels. The Constitution in as much as it Continue reading...

The powers of the judiciary are limited subject to a number of constitutional provisions. This section seeks to explain the various judicial constrains and the effects thereof.

Political restraints-

In the event that a decision is deemed to be wrong or to a large extent unconstitutional, the its expected that there are quite some remedies that limit the power of the judiciary on that particular matter. Some of the remedies include:

Bringing an alternative case which is believed to have a higher probability of alternative treatment

Amending the sections of the constitutions such as 11th,14th ,16th and even 26th amendments
The executive also have the option of appointing a judge who would be in agreement Continue reading...

During June, 1787 thirteen states of the Confederate in America came together to form the federal government of United States. Virginia and New Jersey plans were presented at the Constitutional Convention to discuss the roles of National Legislature, Executive and Judiciary in the United States Congress. While the Virginia plan details out the structure of the federal government, New Jersey plan talks about the powers of the government. Virginia plan is clearer in the number, mode of election of representatives and their roles.
Virginia plan has information about three branches of government at federal level- Legislature, Executive and Judiciary. Continue reading...

Part I: The Checks and Balances, Separation of Powers and Self Government Matrix

Figure 1: Adapted from Patterson (2012, p. 40). The separation of powers derives from the need to limit the government’s power by creating separate institutions that share power with no single power being able to exercise decisive power without the approval or support by the rest of the institutions.
The people of the United States have the power of self-government, expressed in the constitution ensured through the provision for individual liberties. The people have the original power including the power to change the constitution, which subsequently gives and governs the exercise of power. However, in order to prevent Continue reading...

The case of Marbury v. Madison

The American legal system is Anglo Saxon and significantly different from the continental legal system, with much broader powers of the Supreme Court, which does not recognize the justice of other countries.
The American judicial system is known for being based on the case law, and because of the time the Supreme Court had more weight, while at the end of the judicial power did not become competent to say what law is. The entire American public sovereignty is divided into three mutually independent, equitable, and consistent powers. Framers of the Constitution are, insisted on the independence of the Continue reading...

How the constitution provides for a system of separation of powers and checks and balances

The topic on the separation of powers and how the various arms of governments offer checks and balances on each other has evolved into a topic of concern across various settings all over the globe. Nonetheless, it is essential to note that the United States Constitution clearly stipulates on how the three arms of government relate with each other. To be precise, the United States Constitution dictates that the national government is divided into three branches. These branches include the judiciary, legislature, and the executive (Flynn, 2009). While it is true that these arms of government may appear to Continue reading...

Introduction

The United States of America is a federal government. In that aspect, the Constitution anticipates the sharing of power between the states and the national government. Ideally, that is what informed the Federalists spirit towards the creation of the United States of America. This paper is based on the federalism envisaged by the United States Constitution.
U.S. Constitution governing and affecting intergovernmental relations
The United States Constitution expressly provide for the precedence that ought to take place in cases of clashes between the national and state government. According to the Constitutional supremacy clause, the Federal Government is given preeminence. Continue reading...

Essay outline

The United States government is a model federal government composed of fifty states and one capitol.

The first United States government was composed in 1789 making it one of the earliest governments in a constitutional country.

The legislature
The people have the right to elect the leaders that they want to legislative offices.
House of Representatives
This house is made up of 435 members with voting rights. Each member represents a congressional district.

The judiciary

This is an important department that interprets the law and applies it.
The executive
The executive is comprised of the president and cabinet secretaries.
Challenges
The resistance to changes that are brought about by democracy
Onset of international bodies that have contradicting policies
The American Government
Continue reading...

The facts relating to Marbury were rather complex. During the elections of the year 1800, the organized Democratic-Republican Party led by Thomas Jefferson consequently defeated John Adams’ Federalist Party as it created a conclusive atmosphere of general political panic due to the overall aspects of lame duck Federalists. Within his final days of presidency, Adams made a number of appointments with a large number of justices for peace within the District of Columbia. Their commissions were eventually approved by the Senate as they were signed by the sitting president and later affixed with the government’s official seal. However, Continue reading...

The framers of the United State of America constitution did not want to create any arm of government with a lot of power or few powers. The constitution was drafted in such a way that the judiciary should check on the powers of the executive. The legislative part of the government will keep a check on the executive and judiciary. Decisions made by one arm of government can be challenged through another branch of the government. To facilitate such checks, framers of the constitution had to draft a constitution that allowed separation of powers. The separation of powers was Continue reading...

Introduction

The two cases are celebrated for the framework they laid in terms of tackling issues dealing with the constitutionality of laws. The case laws provide fine and tenuous precedents that effectively and predictably provided the justices of the Supreme Court to give direction on the interpretation of the law. The first case, Marbury vs. Madison essentially shows the central role of judicial review in light of exercise of power by the executive as vested by the constitution and other written laws. On the other hand, McCulloch vs. Maryland lays the foundation that would be applied in interpretation of the Continue reading...

Arguably, corruption is one of the global issues that have affected many countries. Corruption exists in both developing and developed nations, but the degree of its impacts varies. As a matter of fact, corruption affects social, political, and economic issues of a nation. In India, corruption is one of the domestic issues that have affected its economic development and growth. Due to its intensity and impacts on Indians the legislature, judicial, and executive institution has a role to play in eradicating the domestic issues. The issues of corruptions at its heights in India and institutions and stakeholders concerned have Continue reading...

Pros and Cons of the Notwithstanding Clause

The Canadian Charter of Rights and Freedoms contains the notwithstanding clause. This clause has been a major talking point in Canadian politics. This is because the notwithstanding clause gives power to the provincial legislatures or the parliament to override certain portions of the rest of the Canadian Charter of Rights and Freedoms. Morton (2002) notes that this clause is also controversial in any instances such that there is a valid argument against its application when used and, on the other hand, its use seems unavoidable. This paper discusses the pros and cons of using this clause.

Pros

In the entrenchment Continue reading...

Virginia and New Jersey Plans

Virginia Plan

The Virginia Plan recommended a National Legislature consisting two branches. That the members to constitute the first branch be elected by the people for a term of three years, that those members be disqualified from taking up other state offices or any offices under the authority of the United States that were not related to their legislative functions and the ban be extended to one year after the expiry of their legislative term. The second legislative branch be chosen by individual legislatures, occupants be of the age of 30 years and above, and serve in their legislative Continue reading...

A federal act of congress can be used to refer to the common laws formulated and enacted by the congress in the United States. The laws endorsed could either be common or public depending on how they will relate to the people and their effects. If a law is termed as public, then it applies to every individual in the country and no one is considered to be above the law in this case. On the other hand, private statues relate to explicit rules that apply to a particular group of people (Jensen, J. 2006). For instance, a group Continue reading...

Introduction

The Muslim Brotherhood refers to the transnational political and religious group that was created in Egypt by the Islamic scholar Hassan al-Banna on the basis of the belief that Islam is a way of life and not simply a religion. Banna was opposed to the Western concepts of democracy and justice. He considered the imitation of Western customs sacrilegious. Therefore, he founded this organization to unite the believers of Islam from all across the world into the bond of brotherhood and liberate Egypt from the bondage of Western influences (Jones and Cullinane 2013). By definition, democracy refers to a Continue reading...

I. Introduction
Comparing the criminal justice system of two or more countries can lead to valuable insight of your home nation as well as the nation(s) used in comparison. This short paper looks at the similarities and differences between the criminal justice systems of France and the United States. The hope is that it will provide a deeper understanding of how civil and common law systems approach the investigation and adjudication of crime.
II. Court Structure
No criminal justice system could exist without courts. Courts are the main institution involved in the legal settlement of criminal disputes. While Continue reading...

Judicial independence has been argued to be an abstract that can never be achieved. Legal jurists claim that the judiciary can never be independent of control of the executive, or the legislature provided that the justices are appointed by the politicians. The view is held across the judicial and political spectrum. As a consequence, twenty-one states in the United States of America have opted to elected justices of the Supreme Court. The election of the justices of the Supreme Court is can be contracted to the appointive system where the judges were appointed by the governor in the individual Continue reading...

Introduction

The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become Continue reading...

U.S. Supreme Court
U.S. Supreme Court

Introduction

As in the all modern democracies, the governance in the USA is based on the principle of separation of powers. There are three branches of power, namely legislative, executive and judiciary. Due to the fact that the USA is a federal state, separate judicial systems function at the federal and state levels. According to the information, presented at the official website of the U.S. judiciary, the federal judiciary is comprised of such courts as district (trial) courts, which function within the limits, set by the Constitution of the U.S. and the Congress, appellate Continue reading...

Question 1

The US is a federal constitutional republic consisting of fifty states under the leadership of the president. Certain amount of power is disseminated from the national government to the lower levels of government that are in every single state. Basic documents play a domineering role in describing the political system of the US. Since the declaration of independence in 1776 that declared the US to be a politically autonomous unit and the constitution founded in 1789 that led to the adoption of a federal government, the US political model has greatly transformed and acquired a face that is totally Continue reading...

Essay one: The doctrine of federalism and how it is implemented in American political system

Federalism is a concept of government which allows for sovereignty to be divided between two political units. The concept of federalism adopted in the United States divides not only sovereignty, but also political power between the federal and state governments. This means that depending on the subject matter, each government has a measure of independence from each other despite sharing territorial authority. Where the two levels have concurrent powers, the local and federal governments have to negotiate in order to come up with policies and solutions that are in the interest of the people. It is cardinal to note Continue reading...

Saying What The Law Is explains in another perspective the nature of the constitution. This book creates an analytical view on the laws and the constitution of the United States. The author has a vast experience in writing and working on constitution issues. His experience as a lawyer has also contributed enough to the creation of the analytical group. Many analysts have argued that the book is created in form of a written activism. Its critical view on the constitution enables it to become one of the sort books by other activist. The book also criticizes the way in Continue reading...

England is a constituent country of the larger United Kingdom. The other countries that constitute the United Kingdom include Scotland, Wales and Northern Ireland. The latter three are mere devolved administrations of the larger United Kingdom. This paper would, however, limit itself to England which is fully under the charge of the United Kingdom led by the institution of the Monarch. It should be noted that the Monarchial system of governance in England essentially rests within the Parliamentary system of governance bases on the Westminster model. England, therefore, does not practice absolute Monarchial systems but rather practices a parliamentary monarchial government that essentially passes on as a parliamentary system of government. Continue reading...

Structure

Both the Virginia and New Jersey Plans are similar in terms of proposing a federal government for the United States (US) divided into the executive, legislative and judicial branches. However, both the Virginia and New Jersey Plans differ from one another in terms of power distribution. Greater legislative power is promoted by the Virginia Plan, which plans to delegate executive and judicial appointments to the legislature. Proponents of the New Jersey Plan, however, recommended a more balanced power distribution by enabling the legislature to appoint officials to the executive branch, which in turn would appoint officials to the judiciary. Continue reading...

Criminal justice research project

Overview
The respect and application of the rule of law is the integral function of the criminal justice system. Criminal justice system can be termed as collective institutions of implementing justice through upholding the constitution. Such institutions aid in mitigating and preventing crime, in the line of maintaining integrity, transparency and coexistence of the society. What is more, criminal justice institutions incorporate powerful structures, which propagate quality implementation of criminal justice. Similarly, criminal justice system is a process that entails arresting, investigating, prosecuting and imprisonment of criminals who violate the rule of law. AS a result, criminal justice system Continue reading...

For nearly ten years the Articles of the Confederation had been in effect as the first agreement among the thirteen States since their independence from Britain. After that, it became evident that a new document for dictating how the new country should be organized had to be made. It was James Madison who presented a draft for a new government structure, aimed to give more power to a federal authority. The coalition that backed this draft was formed mostly by people from the State of Virginia, so it came to be known as the Virginia Plan.
The most important Continue reading...

Judgment in the case of Marbury v. Madison, often referred to as the most important in the history of the United States Supreme Court, has put into practice the principle of judicial review and the authority of the Supreme Court to recognize the constitutionality of both legislative and executive acts.
This case arose as a result of the political dispute that broke out after the presidential elections in 1800, when Democratic Republican Thomas Jefferson defeated the president of that time Federalist John Adams. In the final days of his being in office of the administration of Adams, Congress, in Continue reading...