The Political, Legal, Economic, and Social Inequality State Supreme Court Database

2021 ◽  
pp. 28-70
2015 ◽  
Vol 37 (2) ◽  
pp. 94-114
Author(s):  
Elisha Carol Savchak ◽  
Jennifer Barnes Bowie

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.


Author(s):  
Tom Hickey

This chapter considers the record of the Irish Supreme Court in its constitutional policing of the two political ‘organs of State’. It outlines the basis upon which the judicial organ enjoys the authority to determine the limits of the powers of the Oireachtas and Government. It explores the various approaches taken by judges and courts in a selection of the main cases in the period 1970–2020. On the powers of Government—and the power of the judicial organ with respect to those powers—it considers the case of Crotty v An Taoiseach. As for the powers of the Oireachtas—and the judicial power in that context—the chapter looks at In re Haughey, Abbeylara and Angela Kerins. Overall, the analysis suggests that Irish judges have not been meek in their constitutional regulation of the political organs, although they have sought to limit their interventions to particular cases and contexts.


1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.


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