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Open justice is a legal principle that requires that judicial proceedings be conducted in a transparent manner and with the oversight of the people, so as to safeguard the rights of those subject to the power of the court and to allow for the scrutiny of the public in general.
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
Once a Supreme Court vacancy opens, the president discusses the candidates with advisors, Senate leaders and members of the Senate Judiciary Committee, as a matter of senatorial courtesy, before selecting a nominee,. In doing so, potential problems a nominee may face during confirmation can be addressed in advance.
In another sweeping decision, the court set aside four decades of precedent and arrogated power long held by federal agencies. Instead of deferring to, say, the Environmental Protection Agency on ...
The International Court of Justice, or World Court, is the UN's legal branch. But how much authority does it really have?
The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment. [1] [2] Of the 163 nominations that presidents have submitted for the court, 137 have progressed to a full-Senate vote. 126 were confirmed by the Senate, while 11 were rejected.
If a court's judges do not have such attributes, the court may not exercise the judicial power of the United States. Courts exercising the judicial power are called "constitutional courts." However, because Congress controls the budget, jurisdiction, and structure of the federal courts, the judiciary as a branch is better described as largely ...
The court lacked a home of its own and had little prestige, [17] a situation not helped by the era's highest-profile case, Chisholm v. Georgia (1793), which was reversed within two years by the adoption of the Eleventh Amendment. [18] The court's power and prestige grew substantially during the Marshall Court (1801–1835). [19]