How does a court system cope with a “changing of the guard” when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?The best coping technique is instituting a system characterized by power separation. Accountability may be attained within the domain of administrative rulemaking by means of various institutional plans and practices. One may perceive bureaucratic accountability to be a classic agent-principal issue. Governmental cabinets, rather than parliaments, form the main bureaucratic controllers, being ideally positioned, owing to their central location in administration as well as legislative politics, to guarantee that implementation will be governed by the very political agenda that drives lawmaking. Ministerial workers are answerable, via a hierarchical command chain, to the Prime Minister, other ministers, the cabinet, and a coalition or the majority party. Thus, whilst drafting regulations, the very politicians responsible for formulating the enabling decree oversee bureaucrats. Accountability is mainly attained via informal politics involving government cabinet oversight, penalty and guidance. On the other hand, in governments marked by power separation, there is no hierarchical command chain commencing from the government’s legislative wing to civil servants tasked with rulemaking. A key example of this sort of system, the US, has three governmental bodies – the President, the House of Representatives, and the Senate – each chosen by diverse constituencies for different official terms. But the President alone holds executive power (Jean Monnet Center).
The American Constitution has very prudently divided the executive, judicial and legislative power in the nation and instituted three distinct governmental branches: The...
Court System The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define
In his joint article with Oleg Smirnov, "Drift, Draft, or Drag: How the Supremes React to New Members," Smith takes an even closer look at the Supreme Court and the history of its political (or interpretive) makeup. Specifically, these authors find that the Court counter-balances changes to its ideological makeup through the addition of new members by changes in the overall interpretative stances of opposing justices -- the addition of
Court System In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other things, I will also summarize the outcome of the case and my opinion on the outcome. The State of Florida vs. George Zimmerman The Case in Brief: A Summary of
Obtaining a warrant to take blood sample of a person suspected of drunk driving but has refused to take breath test takes longer time and undermines the essence of time in this process. The Chief Justice John G. Roberts Jr. together with other judges; however, expressed discomfort with what they termed government sanctioned bodily intrusions using sharp needles (Liptak, 2013). Missouri prosecutors' petition was occasioned by a case where one
S. COURT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)." The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their life unless they choose to step down. A majority is not needed to win a Supreme Court hearing request. If four of the nine think the case brought before them is worth hearing then the case will be
Criminal Court System Evolution and History of the Criminal Justice System: When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to the American Revolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method
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