The Relations Between the United States and Porto Rico Part II

1916 ◽  
Vol 10 (2) ◽  
pp. 312-327
Author(s):  
Pedro Capó-Rodríguez

In approaching the discussion of the effects of the acquisition of Porto Rico as a result of the Treaty of Paris of 1899, we are confronted by one of the most difficult problems arising in the consideration of the relations between the United States and Porto Rico. The difficulty is due in a great measure to the absence of a positive, unequivocal and unanimous opinion of the Supreme Court in the decision of the so-called Insular Cases, which have given rise to so much doubt, uncertainty and difference of opinion among lawyers in regard to this vital subject.If the acquisition of Porto Rico had been the only one made by the United States at that time, the problem would have been comparatively easy. It would have been enough, perhaps, to turn to the earlier precedents laid down by the Supreme Court to find sufficient guiding light and ample authority to arrive at a satisfactory solution. Congress itself, probably, would have rendered it unnecessary to appeal to the Supreme Court by doing complete justice to the people who had received the United States with such sincere demonstrations of rejoicing, friendship and affection.

Author(s):  
Aminath Asfa Shafie ◽  
Shamrahayu A. Aziz

The politics involved in the appointment of Judges to the Supreme Court impacts everyone; the policy making Executive, the lawmaking Legislature and the people who elected the aforementioned two branches of Government. In Maldives, the parliament plays a huge role in the appointment of Justices to the Supreme Court of Maldives. However, the parliamentary procedure in place regarding providing approval to selected candidates to the highest authority in the judiciary of Maldives seems to lack a vital part of any job interview; the assessing of the candidate’s eligibility to take on the responsibilities of the office. Whereas in the United States of America, confirmation hearings are held to not only assess the candidate’s eligibility but also to determine the character of the candidate. The main purpose of this article is to entail the role of the parliament in both jurisdictions in the appointment of Justices to the Supreme Court Therefore, taking a doctrinal approach, this article analyses the constitutional and parliamentary procedures of the United States of America and Maldives regarding the appointment of Justices to the Supreme Court. This article reveals the imperative necessity to reform the constitutional and parliamentary procedures of appointing Justices, to ensure an independent, impartial and effective judiciary in the Maldives.


1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli

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