29
votes
Accepted
Do countries (with rule of law) exist where a court can require the legislature to vote on a law in order to clear ambiguities?
germanycivil-law
there was a way for supreme court judges to resolve ambiguities
The Bundesverfassungsgericht (Federal Constitutional Court), through a Verfassungsbeschwerde (constitutional ...
- 5,348
29
votes
Why is the federal judiciary of the United States divided into circuits?
While the answer by Jen does a good job explaining why some possible alternative structures for US courts of appeal (circuit courts) would be unworkable, the real reason why we have such courts is ...
- 113k
24
votes
Accepted
Can Congress overrule Marbury v. Madison by statute?
Congress can't override substantive rules of constitutional law
Marbury v. Madison is a binding interpretation of what the U.S. Constitution permits or denies, and in substance, this law seeks to ...
- 196k
16
votes
What is a municipal court?
It depends on the state. Unlike France, a unitary nation, American Federalism typically means States may define different legal concepts differently. In California for example, Municipal courts ...
- 22.8k
15
votes
What happens if a judge disregards a mandatory minimal sentencing law?
united-states
Minimum sentencing laws do not prescribe any punishment for a judge that simply refuses to obey them. See 18 U.S. Code § 3553 as an example that explains how sentencing must be enforced, ...
- 1,407
15
votes
Accepted
Why does the USA not have a constitutional court?
Why does the one country that promotes constitutional democracies
above all others not have a judicial branch specifically for those
matters? I know SCOTUS will hear these matters . . . I have had it
...
- 196k
14
votes
In the United States, must state courts follow rulings by federal courts of appeals?
Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.1 State courts are ...
- 44.1k
12
votes
Accepted
Why is the federal judiciary of the United States divided into circuits?
Since you don't present alternatives to the division of the federal judiciary into circuits, I will consider the options that I can envision and which are undoubtably within the power of Congress to ...
- 44.1k
11
votes
What happens if a judge disregards a mandatory minimal sentencing law?
new-zealand
The prosecutor may appeal on the question of law whether the judge erred in not imposing the minimum sentence.
The appeal court may agree and order the original court (not directly the ...
- 25.8k
11
votes
Why does the USA not have a constitutional court?
Wikipedia says the first constitutional court per se was established in Austria in 1919. So that accounts for why the US didn't have one at its founding: they hadn't been invented yet.
In fact, in ...
- 29k
10
votes
What is a municipal court?
Each state in the United States sets up their courts as the legislature sees fit. Some have courts for less important matters that are officially part of a municipality such as a town or a city. ...
- 4,237
9
votes
Accepted
Why can't federal courts issue advisory opinions?
Advisory opinions violate the separation-of-powers doctrine. The "case or controversy" clause helps enforce this separation. The judicial branch is responsible for resolving legal disputes by ...
- 730
9
votes
What is a municipal court?
Is it like our "Tribunal de Police" for speeding on the road, noises
during the night and others petty things of the same kind?
Or is it more like "Tribunal correctionnel", when it ...
- 196k
8
votes
Do countries (with rule of law) exist where a court can require the legislature to vote on a law in order to clear ambiguities?
Courts everywhere “force” legislatures to legislate by declining to act to fill in gaps left by outdated laws or striking down statutes that are deemed defective. Other parts of the government are ...
- 696
8
votes
Why does the USA not have a constitutional court?
Most of the ""Why is the US constitution/way of doing democracy weird compared to other constitutional democracies" comes down to the age of the document/democracy. We're still ...
- 805
8
votes
Accepted
Which law spells out judicial immunity?
new-zealand
The New Zealand Supreme Court describes judicial immunity as "common law doctrine":
Judicial immunity is common law doctrine [citing to the English line of case law, including ...
- 44.1k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 44.1k
7
votes
What happens if a judge disregards a mandatory minimal sentencing law?
england-and-wales
The Crown Prosecution Service page here:
Unduly Lenient Sentences
defines
Meaning of 'Unduly Lenient'
...
This includes cases where judges err in law as to their powers of ...
- 2,228
7
votes
Does being overturned on appeal have consequences for the careers of trial judges?
united-states
Does being overturned on appeal have consequences for the careers of
trial judges?
In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
- 196k
6
votes
Judicial Crimes
If you mean who decides what is good behavior, congress does. Congress would impeach a judge if he/she needed to be removed.
With respect to federal judges, under Article I of the United States ...
- 3,964
6
votes
Accepted
Status of U.S. attorneys in US DOJ (2021)
The DoJ under the executive branch has attorneys, judges are under the independent judicial branch. US attorneys serve at the pleasure of the president, so in the worst case they can be fired and some ...
- 211k
6
votes
What would be required to overturn the Grainger test?
The judiciary is an arm of the state
There is no “power grab” by the judiciary: they are simply exercising the Constitutional power they have to act as a court of record (given to them in the Supreme ...
- 198k
6
votes
Why does the USA not have a constitutional court?
The reason for this is all courts in the U.S. are able to hear constitutional matters and rule on them. Any court at or below the level of the court that makes the ruling is expected to abide by that ...
- 22.8k
6
votes
If the legislature wrote into law "black is white", how would the judiciary react?
There was a recent case in the US state of California (Almond Alliance v. California Fish & Game Commission) that got a lot of press because the court found that bees were fish. The California ...
- 1,746
5
votes
Accepted
How is judge selected for a case in the US?
The exact procedure varies from one district to the next, but generally speaking, it is essentially by lottery. The procedure is typically spelled out in the court's local rules. Jump to page 105 of ...
- 57.2k
5
votes
Accepted
If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?
The Main Answer: The Judge Can't Appeal; But Other People Can
Since the Judge now has an attorney, can this Judge appeal to the
Supreme Court (or appeal again starting from a different court
...
- 196k
5
votes
Can the Judiciary change the due process outlined in a law?
Separation of powers means that the judiciary can't pass laws or executive orders. It doesn't mean that the judiciary can't interfere with their passage and enforcement. Quite the opposite -- the ...
- 2,025
5
votes
Can Congress overrule Marbury v. Madison by statute?
No
This particular attempt at jurisdiction stripping would fail as it attacks the Supreme Court’s original jurisdiction:
In all cases affecting ambassadors, other public ministers and consuls, and ...
- 198k
5
votes
Accepted
What is a mercantile court?
From the Circuit Commercial (Mercantile) Court Guide:
The Circuit Commercial Courts (formerly the Mercantile Courts) operate in eight regional
centres throughout England and Wales as part of the ...
- 44.1k
Only top scored, non community-wiki answers of a minimum length are eligible