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Warren E. Burger, before becoming Chief Justice, argued that since the Supreme Court has such "unreviewable power", it is likely to "self-indulge itself", and unlikely to "engage in dispassionate analysis." [335] Larry Sabato wrote that the federal courts, and especially the Supreme Court, have excessive power. [101]
The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]
As the Senate now remains in session nearly year-round, this recess appointment power has lost its original necessity and usefulness. [3] [74] There have been 12 recess appointments to the Supreme Court altogether. George Washington made two: Thomas Johnson in August 1791, and John Rutledge in July 1795. Rutledge is the only recess-appointed ...
Most of the cases the Supreme Court hears are appeals from lower courts. Moreover, the Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. [1]
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. [1]
For example, the Constitution at Article III, Section 2, gives Congress power to make exceptions to the Supreme Court's appellate jurisdiction. The Supreme Court has historically acknowledged that its appellate jurisdiction is defined by Congress, and thus Congress may have power to make some legislative or executive actions unreviewable.
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court.