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What is the nature of a legal system based on a judicial elite which depends on prior Judicial authority to decide new disputes and make new law?
A legal system based on a judicial elite that relies on prior judicial authority emphasizes the principle of stare decisis, where past judicial decisions guide the resolution of new disputes. This structure fosters consistency and predictability in the law, as judges draw from established precedents to interpret legal principles. However, it can also lead to rigidity, as innovation in legal interpretation may be stifled by adherence to previous rulings. Ultimately, this system balances the need for stability in legal outcomes with the potential for evolution in legal thought through judicial interpretation.
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Is the power of Judicial Review necessary for it to lead to Judicial Supremacy?
Judicial review is essential for the establishment of judicial supremacy, as it empowers courts to interpret the Constitution and invalidate laws that contradict it. However, judicial supremacy can also emerge from a court's consistent exercise of this power, shaping the legal landscape and influencing other branches of government. While judicial review provides the mechanism, the extent of judicial supremacy ultimately depends on the judiciary's willingness to assert its authority and the political context surrounding its decisions. Therefore, while judicial review is necessary, it alone does not guarantee judicial supremacy.
What is at the top of the judicial branch?
It depends on which country you are referring to but generally it is the supreme court.
What institution is at the top of the judicial branch?
It depends on which country you are referring to but generally it is the supreme court.
Describe the judicial process?
Judicial process is the rule that determines the role of the judge and the jury in the courtroom as well as the jurisdiction of the individual courts over definite areas of law. It is commonly known as a legal procedure.
What are the branches of government in Democracy?
It depends on the democracy, because there are a number of distinct political organizations and orderings, but the most common branches of a democracy are: Legislative, Executive, and Judicial. Simplistically, the legislative branch makes the laws, the executive branch enforces the laws, and judicial branch interprets the proper application of the laws.
Does the bulk of the judicial work in the federal system take place in the Supreme Court?
depends on whos asking
How many branches of government does Canada have?
Depends on the definition of "branches". Do you mean "departments"?
Is the power of judicial review consistent with principles of democracy?
The power of judicial review can be seen as consistent with democratic principles because it serves as a check on the legislative and executive branches, ensuring that laws and actions comply with constitutional standards. This function protects individual rights and upholds the rule of law, which are foundational to democracy. However, critics argue that it can also undermine democratic processes if unelected judges override the will of the majority. Ultimately, the balance between judicial review and democratic governance depends on the judicial system's integrity and its commitment to upholding the constitution.
How often are judicial release granted in Ohio?
In Ohio, judicial release, also known as early release, is granted on a case-by-case basis and depends on various factors such as the nature of the offense, behavior while incarcerated, and the recommendations of probation officers. Generally, it is considered more common for non-violent offenders to receive judicial release. The frequency of grants can vary significantly based on the specific court and judge's discretion, as well as changes in laws and policies. Overall, while judicial release is an option, it is not guaranteed and is not granted in every case.
What established the judicial branch?
Congress established the Judicial Branch of government (what some consider the entire federal court system) in the Judiciary Act of 1789, under the authority of Article III, Section 1 of the Constitution.
Who is the final arbiter in the US judicial system?
The answer to this question depends on what you're asking about the Court's jurisdiction.Congress: The Legislative branch has the authority to change the US Supreme Court's appellate jurisdiction.US Supreme Court: The Supreme Court has full discretion over which cases they choose to hear under their appellate jurisdiction.
If a 15-year old got a ticket for drug paraphernaliahow much would the ticket be?
It depends on the law of the state that issued the ticket and judicial district of that state.
