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In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided more or less evenly between politicians and non-politicians. These are: [1] the Chief Justice of South Africa, who presides over its meetings; the President of the Supreme Court of Appeal;
Sections 174 to 178 of the Constitution deal with the appointment of judicial officers. [4] Judges may not be members of Parliament, of the government or of political parties. To select judges the Judicial Service Commission first draws up a list of candidates, which must have at least three more names than the number of vacancies.
The creation of the NPA was required by section 179 of the Constitution of South Africa, which came into force in February 1997. Prior to the passage of the NPA Act, public prosecutions were under the direction of the attorneys-general, with a separate attorney-general appointed by the President for each division of the High Court. The offices ...
The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Section 3 lays out various other rules for the Senate, including a provision that establishes the vice president of the United States as the president of the Senate. Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own ...
The case was the first that clearly established that the judiciary can and must interpret what the Constitution permits and declare any laws which are contrary to the Constitution as unenforceable. Thus, the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court. [21] [22]
Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system.