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Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Procedural due process has also been an important factor in the development of the law of personal jurisdiction, in the sense that it is inherently unfair for the judicial machinery of a state to take away the property of a person who has no connection to it whatsoever. A significant portion of U.S. constitutional law is therefore directed to ...
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
South Carolina’s judicial landscape could change following calls by key leaders to revamp the way judges are selected in the state. Here are some the major players and their proposals.
Full faith and credit ought to be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature shall, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect which judgments, obtained in one state, shall have in another.
In an 8-0 decision in favor of the State of Florida, Chief Justice Burger wrote the opinion for the Supreme Court. Citing Estes v. Texas (1964), the Court denied Chandler's claim that a media presence in the courtroom is offensive to due process. So long as the "evolving technology" does not infringe on "fundamental guarantees" of the accused ...
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to ...
In North Carolina, for example, the state judicial conduct commission opened an investigation last summer into state Supreme Court Justice Anita Earls for comments she had made about bias in the ...