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Questions tagged [judiciary]

Questions about those parts of governments which interpret and apply the law. Please use with an appropriate country-tag.

3 votes
2 answers
164 views

Would a Member of Parliament be able to successfully challenge her expulsion in the Courts?

In October 2023, a Member of Parliament in Lok Sabha, Mahua Moitra, was formally accused of "cash for query", i.e. taking money from someone in exchange for asking questions for them in the ...
whoisit's user avatar
  • 6,128
4 votes
1 answer
259 views

Has there ever been a proposal to have judges who are also doctors to deal with legal cases that are also medicine?

There are occasions where the justice system makes decisions that can be described as being also medical decisions. These range from the high level, such as the general availability of a drug to the ...
User65535's user avatar
  • 4,114
13 votes
3 answers
2k views

What would happen if a US circuit court consistently issued decisions contrary to recent Supreme Court precedent?

I'm imagining a US circuit court where the majority of judges were ideologically opposed to the present direction of the Supreme Court. What would happen if they begin to consistently issue rulings ...
jcai's user avatar
  • 233
6 votes
5 answers
647 views

Is there a realpolitik reason why the D.C. Circuit is sometimes specified in laws as the place of review/challenge for some matters?

Some US laws (e.g. dealing with air pollution or national security) specify the D.C. Circuit as the place where the law or application thereof can be challenged, in first instance. Is there a ...
got trolled too much this week's user avatar
5 votes
5 answers
1k views

Companies carrying out private investigations and prosecutions

For a number of month, the British Post Office scandal has been a leading item in British news largely thanks to a an ITV television drama. For those who don't know about the scandal, the short ...
Ben Cohen's user avatar
  • 4,142
7 votes
3 answers
2k views

For countries without written constitutions, what power does the judiciary have to control laws passed by government?

In countries, such as the US, with written constitutions, courts can strike down laws they consider to be unconstitutional. For example, a law that prohibited people saying "hello" would be ...
Ben Cohen's user avatar
  • 4,142
2 votes
0 answers
62 views

When did Pakistani newspapers first publicize allegations of "un-Islamic marriage" against Imran Khan?

I don't follow Pakistani politics closely, so I was a bit surprised that Imran Khan was recently sentenced for "un-Islamic marriage". I do recall that cases/allegations of corruption against ...
got trolled too much this week's user avatar
22 votes
4 answers
5k views

Why do you need to get court records transcribed to find out what was said?

It is in the news that it is very expensive for victims to access transcriptions of court proceedings of which they were present. For example one rape survivor said she was quoted £7,500 for the ...
User65535's user avatar
  • 4,114
1 vote
1 answer
177 views

What makes Slovakia's prosecutor general "pro-Russian"?

According to AP: Fico himself faced criminal charges last year for creating a criminal group and misuse of power, but Slovakia’s pro-Russian prosecutor general stepped in and threw out the indictment....
got trolled too much this week's user avatar
-2 votes
1 answer
122 views

What are some of the amendments made to reduce the ideological influence on the North Korean judiciary?

The penal code is based on the principle of nullum crimen sine lege (no crime without a law), but remains a tool for political control despite several amendments reducing ideological influence.[4] ...
Sayaman's user avatar
  • 45.3k
2 votes
2 answers
2k views

Which "Bar" eviscerated US District Judge Aileen Cannon after granting the special master review of documents?

In CNN"s July 20, 2023 See ex-GOP lawmaker's reaction to Trump's trial date after 07:50 is the following exchange between CNN's Anchor and Chief Political Correspondent Dana Bash and Senior Legal ...
uhoh's user avatar
  • 17k
15 votes
11 answers
6k views

Why is there no mechanism for disciplining judges whose decisions get overturned because they make errors of law?

As per these Law.SE questions (one, two), judges whose decisions get overturned on appeal experience no repercussions other than getting their egos hurt and, sometimes, name-shame/outrage in the media....
Greendrake's user avatar
  • 2,366
4 votes
3 answers
628 views

What would happen if the FDA refused to follow the order on mifepristone?

Yesterday a Texas judge said the FDA’s 2000 approval of mifepristone – one of the drugs used to terminate a pregnancy – must be halted. What would happen if the FDA said they refuse to follow that ...
davidjhp's user avatar
  • 217
0 votes
2 answers
286 views

In what sense did Trump put a notch on his belt? [closed]

The following extract is from UStoday site: Trump's lawyer, Joe Tacopina, told NBC's "Today" show on Friday that Trump was initially "shocked" when notified of the grand jury's ...
user 66974's user avatar
  • 1,299
3 votes
1 answer
114 views

Is Judicial activism legitimate? [closed]

Is it preferable for a judiciary to interpret laws against the drafter's intent for reasons such as protecting minority rights or avoiding arbitrary use of the law? What are the effects of this?
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