The American Judicial Process and Why It Matters

2020 ◽  
Author(s):  
Lisa M. Holmes
Keyword(s):  
American Politics ◽  
Policy Making ◽  
Political System ◽  
Daily Basis ◽  
Judicial System ◽  
Direct Impact ◽  
Judicial Process ◽  
Complex Organization ◽  
American Policy

The American judicial system is not a static, simple, or mechanical entity. Rather, it is a complex organization that is developed and staffed in response to changing caseload and societal pressures through a process that is inherently political. The key personnel who help the judiciary function bring varied backgrounds and perspectives with them that influence the work they do. As is the case with any political system, understanding American politics and policy making requires an understanding of the judiciary’s role in the American political system. In addition, on a daily basis, courts function to resolve disputes. While most cases have little direct impact on American policy or society broadly speaking, the resolution of these cases is important to those who turn to the courts of law to resolve their disputes.

The Disintegrating Nature of American Politics

1997 ◽  
Vol 1 (1) ◽  
pp. 87-101
Author(s):  
Wook Kim
Keyword(s):  
American Politics ◽  
Policy Making ◽  
Political System ◽  
Political Process ◽  
Institutional Factors ◽  
Negative Consequences ◽  
Policy Making Process ◽  
The World

The American political system is unique in the world, and its political process, in particular, is clearly distinguished from that of most other democratic countries. Although this distinguishing feature of the American political process has been described in many different ways, it can be characterized most succinctly as the “politics of disintegration,” or “politics of fragmentation.” In this paper, we examine this disintegrating nature of American politics, first by pointing out several institutional factors responsible for the fragmentation of interests, and then by looking at its empirical manifestation in the policy making process. After examining two negative consequences of the disintegration, we also discuss whether and how the problem of disintegration can be cured.

The Dual Executive

2017 ◽  
Author(s):  
Michelle Belco ◽  
Brandon Rottinghaus
Keyword(s):  
Policy Making ◽  
Political System ◽  
Government Support ◽  
The Political ◽  
Government Function ◽  
Dual Roles ◽  
System P ◽  
Policy Making Process

The president serves dual roles in the political system: one who “commands” by pursuing his or her agenda using unilateral orders and one who “administers” and who works to continue proper government function, often with the support of Congress. In a reassessment of the literature on unilateral power, this book considers the president’s dual roles during the stages of the policy-making process. Although presidents may appear to act “first and alone,” the reality is often much different. Presidents act in response to their own concerns, as well as assisting Congress on priorities and the need to maintain harmonic government function. The authors find support for both the model of an aggressive president who uses unilateral orders to push his or her agenda, head off unfavorable congressional legislation, and selectively implement legislation, and they find support for a unifying president who is willing to share management of government, support Congressional legislative efforts, and faithfully implement legislation. At the same time, presidents self-check their actions based on the ability of Congress to act to overturn their orders, through a shared sense of responsibility to keep government moving and out of respect for the constitutional balance. The shared nature of unilateral orders does not preclude an active president, as presidents remain strong, central actors in the political system.

scholarly journals The Trump Presidency and the Structure of Modern American Politics

2018 ◽  
Vol 17 (02) ◽  
pp. 340-357 ◽  
Author(s):  
Byron E. Shafer ◽  
Regina L. Wagner
Keyword(s):  
American Politics ◽  
Policy Making ◽  
Bill Clinton ◽  
Barack Obama ◽  
Modern World ◽  
Postwar Period ◽  
Donald Trump ◽  
Substantive Content ◽  
Ideological Polarization ◽  
Policy Making Process

How much of politics is specific to its actors and how much is the reflection of an established structure is a perennial concern of political analysts, one that becomes especially intense with the candidacy and then the presidency of Donald Trump. In order to have a template for assigning the outcomes of politics to structure rather than idiosyncrasy, we begin with party balance, ideological polarization, substantive content, and a resulting process of policy-making drawn from the immediate postwar period. The analysis then jumps forward with that same template to the modern world, dropping first the Trump candidacy and then the Trump presidency into this framework. What emerges is a modern electoral world with increased prospects for what might be called off-diagonal candidacies and a policy-making process that gathers Bill Clinton, George W. Bush, Barack Obama, and Donald Trump together as the modern presidents.

scholarly journals Assessing the Impact of Deliberative Democratic Initiatives at the Local Level: A Framework for Analysis

2018 ◽  
Vol 51 (5) ◽  
pp. 749-769 ◽  
Author(s):  
Ank Michels ◽  
Harmen Binnema
Keyword(s):  
The Netherlands ◽  
Policy Making ◽  
Local Community ◽  
Local Politics ◽  
Public Policies ◽  
Local Level ◽  
Direct Impact ◽  
Indirect Impact ◽  
The Impact

Although deliberative reforms have been proposed to strengthen democracy, little is known about their impact on politics, public policies, and society. This article develops a framework to systematically assess this impact, differentiating between direct and indirect forms of impact. We apply this framework to two cases of deliberative citizens’ summits in the Netherlands. Our analysis reveals that these summits have a limited direct impact on local politics and policy making, but a relatively strong indirect impact on the local community. The article also discusses some conditions that mediate the impact of the forum.

scholarly journals Smart Courts: The Expansion of Technology in the Chinese Judicial System

2020 ◽  
Author(s):  
Jingjing Hao ◽  
MENG CHEN
Keyword(s):  
Judicial System ◽  
Judicial Process ◽  
Efficient Alternative

In recent Covid-19 outbreak Chinese informationized judicial system provides reliable and efficient alternative platform for disputes resolution and judicatory justice. This article presents a comprehensive and in-depth examination of the Chinese judicial system’s efforts and achievements in informatizing the judicial process.

American Policy-making and the North Korean Aggression

1955 ◽  
Vol 7 (2) ◽  
pp. 209-232 ◽  
Author(s):  
Alexander L. George
Keyword(s):  
Policy Making ◽  
Korean War ◽  
Policy Makers ◽  
American Experience ◽  
The Past ◽  
The North ◽  
The Korean War ◽  
American Policy ◽  
Peripheral Areas ◽  
And Behavior

The Korean War represented the first American experience with the problem of meeting local Communist aggression by means of limited, if costly, warfare. But despite the revulsion with that experience, and the “new look” at military strategy and foreign policy, it may not be the last. The character of recent weapons developments and the passing of our thermonuclear monopoly make it probable that in the future, as in the past, American policy-makers will be forced to consider the alternative of local conflict, with all its problems and risks, in determining how to respond to the threat or actuality of Communist moves in the peripheral areas.In these circumstances, analyses of American policy-making immediately before and during the Korean War may well illuminate the perspectives and considerations relevant to this difficult and dangerous type of operation. Here, no more can be done than toexamine the effect of strategic planning and estimates of Communist intentions and behavior on the decision to commit American forces to the defense of South Korea. This decision, and even the crucial decision to commit ground forces to eventual offensive operations against the aggressor, was made within afew days of the North Korean attack. Attention, accordingly, is focused on American policy reactions to the war in the first week or ten days following June 25, 1950.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

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