The last is the judicial branch. All are separated and have different jobs assignment but comes together to help resolve issues. Thus, the centerpiece of our systems is the doctrine of Separations of Powers that constitutionally assigned duties to the three branches of government: legislative, executive, and judicial to distinct and have checks and balances on each branch to prevent abuse of power from the government; it is to keep a democracy. The legislative branch internally has its’ own way of balancing powers. As you know the Legislative Branch is broken up into two parts or houses of the federal government of the United States of America consisting of the Senate and the House of Representatives.
Some of the states, such as the District of Columbia or Puerto Rico, have one appeal level from the lower state court. The two courts are frequently divided up into two levels, which are the general courts jurisdiction and the specialized courts. Also in some states he litigants can bring appeals from trial level courts directly to the supreme courts in which the Supreme Court can decide whether or not to hear the case themselves or have the issues resolved by the appeals court (Lawyer International, 2008). When concerning trial proceedings most of the states after an arrest and prior to the
In this paper we will attempt to compare and contrast the differences and similarities of federal and state government as it pertains to their role in the implementation of criminal justice policy. We will try to address several aspects of policy for the development and implementation of those laws. The United States Constitution governs our nation. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law.
The Supreme Court plays the most important role in the creation, defense, and change of civil liberties. The Supreme Court has the final word in the interpretation of civil liberties granted by the constitution. Any time civil liberties and the Bill of rights is called into question, the Supreme Court has the power to interpret the Constitution and ensure that Americans are constantly living with the protection of their constitutional rights. Throughout the history of the US, the Supreme Court has made numerous decisions that have affected and continue to effect the civil liberties. In the 1980 Supreme Court Case of the Nebraska Press Association v. Stuart, the justices decided that the press is allowed to publish stories about serious court cases because the public maintains the right to be cognizant of public issues.
The Elastic Clause states that Congress shall have the power to make all laws which shall be necessary and proper for carting into execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (Angel&Gerberg). Jefferson as a strict constructionist believed that this would give Congress unlimited power. The relevance of constitution interpretation in our time is that when the constitution was written they could not see into our time the 21st century and therefore we need interpretation to help with the problems that arise in our
Court History and Purpose CJA/224 July 28, 2012 Court History and Purpose This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today. The courts are a part of the judicial branch in the three branches of government.
How can he help it?” The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock, “Parliament makes the laws, the judiciary interpret them/” However, judges have the power to change the rules or make new rules through precedent or statutory interpretation, as mentioned in R v Sigsworth (1935) by Lord Denning, “We fill in the gaps.” In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that every court is bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar cases. It is based on the maxim “stare decisis” which means stand by what has been decided. The Ratio Decidendi (reasons for deciding) is the binding part of a judge’s decision, but how judges interpret this can vary, thus changing the impact it can have on future decisions. The obiter dicta (things said by the way) though not binding can still be used as persuasive precedent and so a
* Constitutions are used as the overriding law. The constitution laws establish the principles of government involvement in either federal or state level law. This created the branches of the government, presents certain powers of each branch and what powers they do not have. The constitution prevents other government parties from passing laws that specifically limit individual rights. * Administrative laws are elected by administrative agencies.
The three branches of U.S. government are all supported by the U.S. Constitution. Each branch will be broken down to the basic forms and understood how each one is different and have their own roles. The legislative branch is the branch that controls all the power of laws for the whole country. The Legislative branch powers consist of regulating takes, the power to declare war on any foreign country, or the power to impeach the president. The Congress consists of two houses, The Senate, and the House of Representatives.
The Magna Carta acknowledged some of the basic human rights such as property rights, protection from over taxation, and the rights of due process. Essentially, the Magna Carta was the beginning stages for our modern democracy, a document that would start limiting the power of the king and expressing the freedom of men. The government is divided into three bodies within the Constitution: the executive, the legislative, and the judicial branches. The first article in the Constitution focuses on the establishing of Congress, which immediately shows the authors' view on the significance of the representative side of government. Congress would compose of elected officials from all states, and have the power to propose and pass laws.