The Supreme Court and the General Will: Some Speculations on the Judicial Role in Tomorrow's Democracy

1953 ◽  
Vol 82 (4) ◽  
pp. 169 ◽  
Author(s):  
Arthur E. Sutherland
Keyword(s):  
Supreme Court ◽  
General Will ◽  
The Supreme Court ◽  
Judicial Role

scholarly journals Ranked-Choice Voting as Reprieve from the Court-Ordered Map

2021 ◽  
pp. 1785
Author(s):  
Benjamin Lempert
Keyword(s):  
Supreme Court ◽  
The Supreme Court ◽  
Judicial Role

Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial role.

Part III The Relationship Between the Judiciary and the Political Branches, 11 Relations Between the Legislature and the Judiciary in Ethiopia

2016 ◽  
Author(s):  
Fiseha Assefa
Keyword(s):  
Executive Functions ◽  
Supreme Court ◽  
Separation Of Powers ◽  
The Political ◽  
Parliamentary System ◽  
The Supreme Court ◽  
Lower Courts ◽  
Individual Decisions ◽  
The Relationship ◽  
Judicial Role

This chapter examines the relationship between the judiciary and the legislature in Ethiopia. The country has adopted a parliamentary system of government, but by contemporary standards, it has some unusual features. Its governments have historically blended judicial and executive functions, leaving the position of the judiciary somewhat unclear, and the Supreme Court has not tended to assert its power. There are signs of the use of legislative overrides to reverse individual decisions, and of ouster clauses to transfer jurisdiction on various issues from the courts to administrative tribunals within the executive. Although lower courts have attempted to review decisions of these tribunals, the Supreme Court has overruled them on the basis that it lacks jurisdiction. The highest ranks of the judiciary therefore seem to be accepting of a vision of the separation of powers in which other branches define the judicial role.

The Judicial Response to the Administrative State

2021 ◽  
pp. 87-98
Author(s):  
James E. Pfander
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Supreme Court ◽  
Federal Courts ◽  
Judicial Power ◽  
Administrative State ◽  
The Supreme Court ◽  
The Way ◽  
Judicial Role

This chapter describes the way a requirement of contestation was introduced into definitions of federal judicial power in the latter half of the nineteenth century. The case-or-controversy requirement arose as a tool with which federal courts could refrain from lending support to the investigatory and regulatory initiatives of the growing administrative state. Justice Stephen Field played a central role in the introduction of the contestation construct, and it took hold at the Supreme Court in the twentieth century, as progressive Justices came to embrace contestation as an essential limit on the judicial role in constitutional litigation.

scholarly journals The Length and Plurality of Supreme Court of Canada Decisions

1969 ◽  
pp. 581 ◽  
Author(s):  
Claire L'Heureux-Dube
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
The Law ◽  
Judicial Opinions ◽  
Judicial Role

Madame Justice L'Heureux-Dube discusses how the length and plurality of judicial opinions emanating from the Supreme Court of Canada are manifestations of the justices' "judicial junctions" as both adjudicators and educators. After a thoughtful look at the history and background of the dual aspect of the judicial role, Her Ladyship responds to critics of the Court's decision-making style by concluding that and complex judgments are the exception rather than the rule, that such judgments are often a necessary step in the development of the law, and that adjustments to the process may only be achieved by cooperation of all members of the legal community.

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