«The court has an obligation to provide a certain level of service, and there's no threat to
judicial independence if the chief justice is empowered to prevent low - grade services being provided,» he says.
DiFiore has close ties to Cuomo, and Republican senators asked her if she would demonstrate
judicial independence if confirmed to be Chief Judge of the Court of Appeals, the state's highest court.
Not exact matches
In the last years, EU have faced several cases of countries with
judicial independence issues and I am wondering
if there is a connection between party in power ideology and
judicial independence / rule of law issues.
How safe is the framework of separation of powers and the critical concepts it protects, such as
judicial independence,
if so much of the citizenry does not even know the system exists — or what its role is?
That case is completely upended
if de novo review is always applied by every court because
judicial independence mandates such
independence.
However, David Thomas, doyen of sentencing experts, having expressed his opposition to the whole idea of a Sentencing Commission, said that
if one was established, he had «grave doubts about the wisdom of involving serving senior judges in the activities of such a body... as there is a tendency to confuse the roles of the judges in their different capacities and a consequent tendency to compromise
judicial independence.»
The AG who can fulfil their duties with
judicial discretion and
independence is a keeper even
if they are considered the «white tiger of the legal profession» by some.
But the ability of judges to protect individual rights — even
if the legislature or a majority of voters disagree — depends on
judicial independence.
However,
if the principle of complementarity is to be applied, states must ensure that their own
judicial systems and trials are consistent with international standards of
independence and fairness, the ICC must be willing to actively support, embrace, and implement the principle, and the international community must provide the financial, technical, and professional resources that many struggling states need in this endeavour.
We talked about
judicial independence and the fact that
if the government went this route, the question of judges» salary increases would no longer be something that the politicians would have to take ownership of.
[3] Public confidence in the
independence and impartiality of the judiciary is eroded
if judges,
judicial candidates, and a judge - elect are perceived to be subject to political influence.
She notes that there is no convention preventing the enactment of legislation denying the federal courts, or specifically the Supreme Court, the jurisdiction over certain types of cases, although in her view «the protection for
judicial independence would be far stronger
if there were a convention leading officials not even to propose, much less seriously consider, jurisdiction - stripping bills».
First Amendment would be the first victim
if judicial independence is diminished.