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JUDICIAL POLITICS

Judicial Politics in common terms referred as judicial process which instigates peaceful progress of the nation, protection of law in civil establishment, ensures judicial rights exercised on terms and maintaining foreign policies with respect to state policies. Members of the Judicial Branch are appointed by the President after confirmation from the Senate. The shape, structure and functioning of judicial branch is looked upon by the Congress based on Article III of the constitution. As per the written constitution, the Congress can also create new courts below the power of the Supreme court that are assigned with federal cases to be resolved. In existing judicial system, there are thirteen United States court of appeal for reviewing the cases. Like in most democracies, the Supreme Court of the United States is the highest court of appeal and consists of more than six justices at a time or more.

 The office of term of the justices is not controlled as they can serve their role till the end and the Supreme Court can take up any judgments that had been passed by its inferior courts. The judicial process states in its constitution that every accused person has the rights for a fair trial with a jury and a judge heeding to their case. It also says that the judiciary guarantees no one will be deprived of life, liberty or property unless proved, a speedy trial by an unbiased justice, right to have witness support, and protection from unusual punishment. The nature of dealing with criminal and civil cases differs as their intensity varies. Criminal cases will have proceedings by a law enforcement officer arresting the accused and presenting them in the court while civil cases are dealt between individuals or establishments with the involvement of the officers.

Based on the witness and documents provided, the accused if found not guilty may get released and in such a case, they will not be subject to repeated accusation based on the same case. The plaintiff and defendant are the two parties in civil cases that are either done in favor or of against underlying the provided evidences of proof. Once the Supreme Court finalizes its one word, the case will be closed and is not eligible for further verification unless an important legal principle is produced. A judicial restraint comes into picture to preserve a balance between the three branches of the government judicial, legislative and executive.

Judicial politics is a conglomeration of judicial process and practices combined into one which has several factors affecting its desired outcome based on constitutional effects and juries.

Questions:

  • How do you think judicial politics affects the state?
  • What are the fundamentals of judicial politics and process?
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