In the past, the court has recognized a "domestic relations exception" to federal judicial power.
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Justice White called it an act of raw judicial power, which is exactly what it was.
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The DOMA and Prop 8 cases will test the delicate line over constitutional limits from both congressional, presidential, and judicial power.
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Beinisch accused Israel's elected officials of "inciting against the judges" through their proposed legislation that would place minimal constraints on judicial power.
The Knesset's efforts to pass laws that would curb the Court's now unlimited powers are simply attempts to place minimal legal checks on judicial power.
Beinisch claimed that the attempts by Israel's elected leaders to curb judicial power places the country on a slippery slope whose ultimate end is to destroy the values that underpin Israeli democracy.
Attorney-General Yehuda Weinstein has used his powers of office to intimidate and threaten Prime Minister Binyamin Netanyahu and his government into backing away from all the proposed bills aimed at curbing judicial power.
So they have that power, and they also have, of course, judicial power to be able to detain suspects for a substantial period of time and to hold some with review over an indefinite period.
If Congress wants to reverse such de facto legislative moves, say defenders of this judicial power-grabbing, it can pass corrective legislation, as it did with the 1991 Civil Rights Act in response to related Court decisions.
Since Correa took the reins of power in 2006, the tendency has been to expand the power of the president via a social justice agenda and subjugate all the branches of government including the judicial power.
The Byrd administration then sought to impeach the Judicial Appeals Tribunal, although most experts agreed that no judicial impeachment power exists in the Cherokee constitution.
Kramer, the dean of Stanford Law School, argued not against originalism but against judicial review (a power wielded, in recent years, by an originalist Court).
Appointing judges to serve for life would seem to establish judicial independence, but what power then checks the judiciary?
If the Supreme Court strikes down part or all of the Affordable Care Act, it will not do much to upset the balance of power between the judicial and elected branches.
In the balance of power between the elected and judicial branches, the scales tip heavily toward Congress and state legislatures.
They are decisions of a kind for which the judiciary has neither aptitude, facilities, nor responsibility, and have long been held to belong in the domain of political power, not subject to judicial intrusion or inquiry.
This paper barrier is supposed to get its power in its protector, the judicial branch.
And it opened the door to a question worth asking: why are federal judges asked to approve these settlements, and therefore grant them judicial legitimacy, if these judges have little power to question them?
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In a footnote, Scalia said Roberts had overstated the importance of one case but agreed that while agencies behave in a manner that appears to be both legislative and judicial, ultimately they are exercises of presidential power.
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Will we have a judicial branch that enforces the limits on government power that appear in the text of our Constitution, while deferring to the people and their elected officials in cases where the Constitution permits such action?
Common law courts have the inherent power to evolve the law, and judicial evolution sidesteps the messy legislative sausage-making process.
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It also "enlarges" the division of powers to include not only the traditional division between executive, legislative and judicial powers but it creates also the "Electoral power" and the "Social Control and Transparence Power".
Finally, the transnationalists urge that the power of the executive branch should be constrained by judicial review and the concept of international comity, while the nationalists tend to believe that federal courts should give extraordinarily broad deference to executive power in foreign affairs.
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And while the Court has often been accused over the years of being too timid in asserting its power, there is little doubt when the justices choose to flex their judicial muscle, the results can be far-reaching.
Two months after winning the Italian election, he is starting to deal with the judicial system, and those working in it, as robustly as when he was last in power, in 2001-06.
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If a power is effective only upon your disability, what is a third party supposed to do, bring a judicial proceeding to determine your disability?
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