Judicial System
Overview of the Civil Justice System and Its Administration
Since the creation of the United States Constitution, there has been a clear distinction between the three branches of government. The third branch, the Judiciary, exists for two purposes: to determine justice according to the current laws and policies and to eliminate any legislation that is in violation of the Constitution. As with the other two branches, the Supreme Court has experienced many reforms over the years. In the 1870's, it was decided to increase the number of justices on the court from seven to nine. This number has remained the same since. Additionally, the Supreme Court has gained greater power over their discretion to decide upon which cases will be heard. However, the key principle that the Supreme Court has stood for over the years was judicial independence, or the court's ability to make decisions based upon justice and justice alone.
Their are three primary concepts that play into the measures taken by the Supreme Court for reforming their system. The first concept is that of Administrative Independence. Prior to Chief Justice Taft, the Supreme Court did not have full discretion in deciding their own docket. Any cases that were deemed Constitutionally justified for appeal were brought before the Supreme Court, resulting in an overly filled docket. Modernly, the justices have full discretion as to their caseload. The second concept is that of unification with in the court. Currently, state courts and federal courts are set up as separate entities which hear separate cases. The idea behind unification is to streamline the state courts and centralize those courts under the federal court system. The final concept aligns with that of the unification standard and is the management perspective. This perspective argues that the Supreme Court's ability to be the highest court of the land ensures that the state courts remain unified under the Supreme Court's decisions. It is these three concepts that have pushed the Supreme Court into its modern position.
The courts were established under article III of the Federal Constitution. Under that provision, "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." From this section the Federal Court system emerged. The purpose of this branch was to ensure that judicial power remained in place in the highest offices of the United States. The judicial power ensures that congress cannot pass unconstitutional laws and that the president cannot enforce current laws in an unconstitutional manner. The means that the Supreme Court has to decide these issues is through determining whether a current law is unconstitutional. When a law is held to be unconstitutional, it is struck down and can no longer be applied to citizens. In recent years, however, the courts have begun overstepping their constitutionally defined role and instead have attempted to rewrite the law. It is this overstepping, known as Judicial Proactivity that is at the center of much debate and controversy.
Along with the justices are those who serve the courts, the primary office of which is known as court management. Court managers are retained by the courts to handle the daily caseload and ensure that all cases are heard in a timely and efficient manner. This position, as with the judges themselves, is considered one of civil service. As with any government positions, there are many issues weighing in on how the courts could improve themselves. This paper will discuss the issues of court security, case-flows, budgeting, jury management, computerization and informational integration, trial court performance evaluations, and the future direction that the court will likely take.
It has been well established for decades that all legal hearings are public record. In other words, the public may listen and observe any hearings within the building and the transcripts and decisions from all cases are available through the courthouses. With...
This was the first time that the Supreme Court had deemed a law unconstitutional, and in fact this power of the Court had not even really been established until it was used in this case. Its establishment, however, was to have profound effects on the judicial branch's power over the legislative and executive branches, especially in making sure that the restrictions of the Constitution were maintained despite -- and
Judiciary These two questions will be responded to simultaneously as the answer to one will always involve touching on issues concerning the other. When we speak of three (3) departments or branches of government then we must necessarily refer to the "presidential system" of governance. These three co-equal and co-independent departments are the Executive, the legislative and the judiciary. The executive as its name connotes, has the main duty to faithfully execute the
Justices can make public pronouncements on issues that are important to the federal judiciary - not specific cases that come before the court, but general political and social issues. For example, the Chief Justice of the U.S. Supreme Court, John Roberts, recently made a speech that warned about attacks against judicial independence. He was stating what the framers of the Constitution worried about hundreds of years ago when he said:
After all, Ernesto Miranda who was the namesake of the Miranda Rights was a rapist and a guilty one at that. He was retried after his confession was tossed and he was re-convicted as were many of the other people that had their convictions overturned at the same time. However, others were never re-tried and it's safe to say that at least some of them were guilty. Conclusion In the end,
Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that
As Treanor emphasizes, "What appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority and autonomy" (455). Texas v. Johnson (1989). Perhaps as no other issue in the post-September 11, 2001 climate is that of flag-burning. The debate is heated and emotionally charged, and it is easy to get
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