|
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Restraint
Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new decisions should be consistent with previous decisions); a conservative approach to standing (''locus standi'') and a reluctance to grant ''certiorari;'' and a tendency to deliver narrowly tailored verdicts, avoiding “unnecessary resolution of broad questions.” Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; or by refusing to grant ''certiorari;'' or by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter. Judicial restraint may lead a court to decide in favor of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States, U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party (United States), Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 United States presidential election, 1932 and 1936 United States presidential election, 1936 presidential elections.Ball, Howard. ''Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 1996. Before he became a senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan. An article from the ''Pittsburgh Post-Gazette'' reported that he temporarily resigned from the Klan in 1925 to bolster his senatorial campaign, before quietly rejoining in 1926. In 1937, upon being appoin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Constructionism
In the United States, strict constructionism is a particular Philosophy of law, legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those ''expressly'', i.e., explicitly and clearly, granted to the government by the United States Constitution. While commonly confused with textualism or originalism, they are not the same, and in fact frequently contradict, as textualists like Antonin Scalia have noted. Different uses Strict meaning Strict construction requires a judge to apply the text only as it is ''expressly'' written, i.e., read Literal and figurative language, perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison." This would commonly be understood as prohibiting the use of a knife to threaten or injure another person. However, read purely literally, the law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prudentialism
Prudentialism is a moral principle based on precautionary principles that are acting to avoid a particular negative effect. For example, acting in self-defence Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in tim ... or, indeed, pre-emptive attacks on "rogue" states. Prudentialism is also a philosophy of constitutional interpretation that considers laws and powers from a pragmatic viewpoint. According to government scholar John E. Finn, prudentialism "counsels judges to avoid setting broad rules for future cases and offers a particular understanding of the limited role courts should play in a constitutional democracy." References Ethical principles Theories of law {{ethics-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington metropolitan area and has a national audience. As of 2023, the ''Post'' had 130,000 print subscribers and 2.5 million digital subscribers, both of which were the List of newspapers in the United States, third-largest among U.S. newspapers after ''The New York Times'' and ''The Wall Street Journal''. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. In 1933, financier Eugene Meyer (financier), Eugene Meyer purchased it out of bankruptcy and revived its health and reputation; this work was continued by his successors Katharine Graham, Katharine and Phil Graham, Meyer's daughter and son-in-law, respectively, who bought out several rival publications. The ''Post ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SCOTUS
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has since 186 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Originalism
Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism. Contemporary originalism emerged during the 1980s and greatly influenced American legal culture, practice, and academia. Over time, originalism becam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Born in Vienna, Frankfurter immigrated with his family to New York City at age 12. He graduated from Harvard Law School and worked for Henry L. Stimson, the U.S. Secretary of War. Frankfurter served as Judge Advocate General during World War I. Afterward, he returned to Harvard and helped found the American Civil Liberties Union. He later became a friend and adviser of President Franklin D. Roosevelt. After Benjamin N. Cardozo died in 1938, Roosevelt nominated Frankfurter to the Supreme Court. Given his affiliations and alleged radicalism, the Senate confirmed Frankfurter's appointment only after its Judiciary Committee required him to testify in 1939, a practice that became routine in the 1950s. His relations with colleagues were strained by ideological and perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
