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Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. [1] It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law. [2]
Judges are not required to give an entire account of their rationale behind decisions, and are shielded against public scrutiny and protected from legal repercussions. However judicial accountability can reinforce judicial independence as it could show that judges have proper reasons and rationales for arriving at a particular decision.
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. [1]
Opinion: Let’s learn a lesson from sports in our country and respect people (like judges) who have the job of making sure people play by the rules. Just like sports need referees, society needs ...
The American Judicature Society (AJS) is an independent, non-partisan membership organization working nationally to protect the integrity of the American justice system. AJS's membership — including judges, lawyers, and members of the public — promotes fair and impartial courts through research, publications, education, and advocacy for ...
The central question of The Nature of the Judicial Process is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the paramount value of social welfare.
When Texas Attorney General Ken Paxton filed a new lawsuit against the Biden Administration last week challenging the allegedly “unlawful” move to grant asylum officers authority to decide ...
Gag orders are used in cases of all kinds to prevent witness intimidation and jury tampering, but the former president is no ordinary defendant.