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9 wrz 2019 · With populists currently gaining power at the polls, the political pressure on the judiciary is also rising, threatening the actual viability of constitutional adjudication. It is thus a timely and important question to ask how constitutional review can serve as a resource for democratic governance.
They are as follows: 1) judicial power representing the making of rulings in controlling society deduced from the stipulations of the federal Constitution, concentrating foremost in the federal Supreme Court; 2) the second form represents the judiciary executive power which means the supervision of the execution and monitoring of the above funda...
18 kwi 2021 · The perspective adopted in this study defines judicial power as the direct and indirect effect of judicial decisions on political and societal actors. Judges are able to constrain the political branches by making (or threatening to make) decisions.
According to Axford and other (1997), “It is the concept that maintains that three powers/elements of government (executive, legislature, and judiciary) should be separated in role and responsibility and that such a separation will ensure good and just government”.
6 mar 2021 · Courts may reason using precedents in various ways, but not all of them satisfy the rule of law. This article provides two ways that are compatible with this ideal and one which is not. In doing so, the article aims to explain the practice of following precedent in law and to offer criteria for evaluating its value.
17 wrz 2019 · In this Part, I develop several fundamental principles to help identify and protect against such threats. In doing so, I reframe familiar concepts of ‘judicial independence’ and ‘impartiality’ as concepts derived from and dependent upon the previously articulated judicial function and method.
But there are other features of judicial independence that are perhaps less front and center. The separation of powers, whereby the judicial power is made distinct from the legislature and the executive power, is itself a means of securing the independence of the judicial branch.
