American Judicial System:
- 1 American Judicial System:
- 2 Federal judicial framework:
- 3 Supreme Court:
- 4 Judiciary Functional:
- 5 Supreme Court judges:
- 6 Supreme Court jurisdiction:
- 7 Namely:
- 8 Appeal Area or Jurisdiction:
- 9 Compulsory jurisdiction:
- 10 Controller of the Constitution:
- 11 Development of the Constitution:
- 12 Conflict Resolution:
- 13 Seagram in the Constitution:
- 14 Statement of the Constitution and Supreme Court:
The Judiciary is one of the pillars of state power. Detailed information about the United States judicial system in the constitution.
Has not been added. According to the US Constitution, the judicial powers of the United States by the Supreme Court and the Congress Other subordinate established at different times will remain in the hands of the court.
Congress has established several federal or central courts with this power. On the other hand, the state legislature has their own judicial system and their own constitution.
So, the United States’ current justice system for federal nature is made up of two parts. Federal justice Judicial system of the provinces According to one of the characteristics of the federal regime, the two US courts have been set up in this manner.
The central and state judicial system, though not quite unique. The Constitution of the State is under the United States Constitution, as well as under the state-wide judicial system of judiciary.
The judges of the provincial courts perform the judicial functions according to their own state constitution. Have lived. But their decision cannot be restricted to the US Constitution or national law.
Federal judicial framework:
The federal judicial framework is like a pyramid. The Supreme Court is located at the top of the federal jurisdiction. The Court is established by the Constitution. Below it is the federal appeals courts and the courts having the next lower level.
Like the Supreme Court, these two types of courts have been established through Congress law. So, there is a systematic arrangement set out in the system and the three levels. In addition to the above three types of constitutional courts, there are fees in the United States.
The Supreme Court of the United States of America, according to the Supreme Court and the US Constitution, The Supreme Court is at the top of the US judiciary.
The Court of Additional Appeal Court located above the District Court. In 1891, Congress formed an appeal court. Until 1948 those courts were known as the Mobile Appellate Court. The Mobile Appeal Court was formed to reduce the charge of the Supreme Court appeal.
All of these courts have the jurisdiction to appeal only. The United States was divided into 119 territories and each region was subjected to an appeal court.
The district court is one of the courts. In some cases, appeals against the judgment of the other semi-judicial administrative agency were tried. These courts serve as the highest court for most cases related to appeals. Because the cases that are tried in this court, very few cases are sent to the Supreme Court for hearing.
District courts and district courts are at the lowest of the federal justice system. There are 91 district courts throughout the United States. There is at least one district court in each state. Multiple districts in populated areas.
There are courts. In general, these district courts are formed with a judge. The District Courts formed with the main areas judge most of the laws under the federal judicial system. From 1940 to 1955, the number of civil cases increased by 55 percent.
Due to the expansion of the federal criminal law, the responsibilities of criminal courts in the district courts increased. The trial work is done here with the help of an emergency.
In addition to the special courts and district courts and the appeal court, there are three types of special courts in the United States as the federal tribunal.
The court order regarding the customs and patents court charges the court rejected. These special courts are also called as law courts. Because the US Congress has to make laws necessary for the formation of these courts.
Special Judges of the Special Court The President is appointed by the President on the basis of the advice and conception of the Senate. Their tenure is valid for life.
Supreme Court United States Supreme Court. The only court established by the Constitution of the United States Supreme Court The Supreme Court was not a strong and influential organization traditionally in his birth.
But later, he expanded his influence in such a way that he can undoubtedly be the guardian of the Constitution. The Supreme Court of the Supreme Court of the Supreme Court is at the top of the judiciary.
However, this court is not only present at the top of the national judicial system, it can also be judged by the Supreme Court in the judicial system of each state as it can judge the federal issues.
Constitution of the Supreme Court and Constitution of the Supreme Court of the United States Constitution. Not explained in detail. Therefore, the responsibility of making detailed provisions about the proper structure and function of this court is entrusted to the Congress.
Then in 1789, the Constitution of the judicial system established by the Constitution of the Constitution established the federal court, as well as the constitution and functions of the Supreme Court. The first detail about the rules is made.
First of all, according to the laws of the United States, Supreme Court judiciary The Chief Justice and five assistant judges were formed.
In 1807, the number of judges was increased to seven. Then, in 1869, Congress passed the number of judges in the law. According to that law, Akin is now the Supreme Court.
It is often seen that the President manages judges from among his party lawyers. President Washington has introduced Justice Neg from the members of his own party. And almost every president followed the example.
Marshall, Hughes, TThought Fred Vinson, Earl Warren, Hewlett, Arthur, Geldberg) Judges were all loyal to the President’s team. After analyzing the political allegiance of the judges appointed until 1933-1977 by the Justice Nayg politics, it became clear that it was brought down with the help of a table below.
Thus, since the beginning of the Supreme Court Justice Genie, the President has given more importance to his political and ideological loyalty rather than the legality of the candidate. But until 1977, there were no party loyalty among 13 judges in 100 Supreme Court judges.
At presen,t the United States Supreme Court Justice Significant importance has been given to Niyeg. In order to ensure that qualified, experienced and knowledgeable persons can get the law, they are given a vision.
Because the judge of the inexperienced, careless and relatively knowledgeable person. There may be a possibility of losses.
The judges of Supreme Court judges are indefinite In the constitution Their working hours have not been specified. The Supreme Court judges are appointed for life and they are as long as they Be kind to do good deeds, then stay in the house.
If a judge is 70 years old and he has been employed at least 10 years or more as a judge of the United States, or if he is 65 years old and has been working as a 15-year-old or long-term worker, he will be able to voluntarily retire and the remaining days of his life. Can pay for the fee.
Supreme Court judges:
Congress decides by making legislation. Chief Justice 65,600 dollars and other assisted judges at home 65,000 dollars. They can not reduce the payment fees during their jobs.
As a result, they get $ 65,000 a yearly salary from the beneficial assistant judiciary, free from political influence. Reduce their wages during the job which they can do their duty. After working as a judge for 10 years, every judge can retire at the age of 70, with full pay.
The only hop of the judges to remove and the judges of the Supreme Court can not be removed in any other way. The US Congress can dismiss any judge on an impromptu basis by imprisonment. The judges have their positions on sedition or any other serious offense
May be expelled. First of all the representation of the misconduct has to be presented first. Then it’s in the meeting. Support for the presence of two-thirds of the members is required.
The proceedings have to be sent to the Senate for trial. He was deposed when the judge convicted of two-thirds of the members present in the Senate trial was found guilty.
Supreme Court jurisdiction:
Supreme Court of the United States Supreme Court. According to the traditions of the federal government, the judicial system of the judicial system truly plays a special duty. The federal court acts as the guardian of the constitution.
The responsibility of explaining the constitution is entrusted to the Supreme Court. To resolve the conflict between the Center and the State, to judge the validity of the law and order, to act as a protector of civil rights, etc. Responsibilities are normally entrusted to the federal courts.
According to the US Constitution, the Supreme Court has two types of jurisdiction.
(1) the original area or the original jurisdiction and (2) the area of appeal or jurisdiction. Check out this below.
The core area or the original jurisdiction and the main areas of the Supreme Court are not very broad. According to the Constitution of the United States Constitution, the lawsuits of all cases related to ambassadors, other diplomatic representatives and consulates, or any other case in which case can be withdrawn, will be held in the main areas of the federal Supreme Court.
The supreme jurisdiction of the Supreme Court is regulated by the constitution. The main jurisdiction of the Supreme Court of the United States includes the following:
Ambassador, other diplomatic representatives and lawsuits related to cases related to any state; Suit-related suits in different states; The case related to the state’s expulsion of the United States and the citizens of any other state or citizen or foreigner case.
Otherwise, the Supreme Court has to explain the international law in relation to the matters related to the case related to the United States.
Is not jurier. So the number of these cases is very low. Again, in any case, any state can give the jurisdiction to the subordinate court in this case through a single Congress law. In the cases related to two or more states, the Congress alone has given responsibility to the Supreme Court.
But in the case of only one case involving Congress, the Congress may entrust the responsibility of the subordinate court. For these reasons, the number of cases in the 99 court area is very low. Between 1789 and 1976, the US Supreme Court has already made its jurisdiction to only 127 cases.
The main area of this Supreme Court is not very comprehensive. Can not extend the main area by enacting the laws in the US Because this system is synonymous with the constitution. Will be counted. But it is possible to expand the main area of the Supreme Court through a constitutional amendment.
Appeal Area or Jurisdiction:
Most of the Supreme Court judgments are pending trial. In this direction, the appeal area of the Supreme Court is the particularly important area. Through this, it has been possible to extend the capacity and effectiveness of the super cell.
The United States Supreme Court conducts a trial of the highest court of the state or the United States, the subordinate level courts of courts.
The Supreme Court’s Appeal jurisdiction was divided into two categories.
Such as mandatory jurisdiction is voluntary or optional jurisdiction
In some cases, the victim or the person can appeal to the Supreme Court, and the court is required to take such appeal hearing. This jurisdiction is called compulsory jurisdiction. ”
The Supreme Court of the voluntary jurisdiction can accept appeals for hearing on the basis of their own opinion, under the laws of the writ or process of launch. This is the Supreme Court’s ‘voluntary jurisdiction’.
The jurisdiction of the jurisdiction can be summoned by a written order and seeking a review order from a lower court. Barnes and other authors have mentioned, “It is the right to control the matters of the Supreme Court, which decides which case to consider.
When the decision of the lower court involves the interpretation of the fundamental principles of the constitution or the interpretation of the statutory law, or in the case of an appeal, the appeal is bound by the court’s interpretation, or when the highest court of a state decides the federal matter that was never previously determined, then in all those cases, Court.
Can extend its own appeal area. In order to accept the appeal, the Supreme Court has the right to use its own consideration, but it is compulsory to accept an appeal application in two cases.
For example, where there is a question about the laws of the case or the legality of any law in the United States, where the state court has given him illegal assault, where.
Although the United States Constitution has challenged the legality of the state’s law in violation of the agreement, the state court maintains its legitimacy. It should be noted here that after the verdict of the highest court of the state, appeals to the Supreme Court can be made.
In the meaning of the highest court of the state, the court of appeal and district court means. No appeal can be made directly from the lower court or tribunal.
As the country’s highest appeal court. Chart is a lot of free from daily work in the judiciary. The Supreme Court reviews the provisions of the current rules and describes the way in which the courts and the departments of Tom Court and government departments.
In this way, the role of law enforcing agencies has become known as one of the most prominent political institutions in the Supreme Coat Makin regime.
During the trial of federal issues, in many cases, the Supreme Coat has to explain the international issue. The Supreme Court has been able to abrogate the supposed power. And the Supreme Court extends its powers and authority through appeals
Role and importance of the Supreme Court of the United States:
The Supreme Court’s role in the United States government is very significant. The highest court of any other country has more power than the US Supreme Coat. The Supreme Court has expanded its capabilities and functions by observing the interpretation and legality of the law and playing a role as the guardian and interpreter of the constitution.
The role and role of the Supreme Court in the US regime is now a very well-known subject. From the time of the implementation of the federal constitution, the Supreme Court has effectively participated in the power of governance. Below the role and importance of the Supreme Court in the US regime.
Just like the interpretation of the law and the Supreme Court of other countries, the US Supreme Court can explain the law made by Congress. By explaining any law, the Supreme Court harms its true meaning, purpose and nature, and that interpretation is considered to be final. Hamilton, one of the US Constitution’s creators
The Supreme Court interprets the word or sentence of any law made by Congress and according to the interpretation of the Supreme Court, no.
The laws were used in the case of settlement of cases. The interpreter and guardian of the Constitution, the Supreme Court’s authority as the guardian of the United States and the ultimate interpreter is very comprehensive and special.
The US Supreme Court does not want to explain the constitution on its own initiative. The case involving questions related to the interpretation of the constitution.
During the trial, the Supreme Court gave its explanation on the relevant part of the constitution. The Supreme Court gives the interpretation of the constitution The final and accepting that explanation is obligatory. The way the Supreme Court interprets the Constitution, the US
The meaning of the constitution is fixed. And the manner in which the Supreme Court determines the meaning of the Constitution, the concept of the US Constitution is as such. | Is determined. So, in the United States, the Constitution is the main step and the responsibility of interpreting the Constitution is entrusted to the court.
The role of the Supreme Court of the United States as the guardian of the Constitution is particularly important
Controller of the Constitution:
The US Supreme Court has established itself as the power of the constitution. The powers of the United States Central and State Governments to decide whether the law and order departments are working according to the statutory orders are entrusted to the Supreme Court. If the law or the rule violates the limits of the constitution, then the Supreme Court can impose that act illegal.
Development of the Constitution:
The development of the US Constitution also played a significant role in the development of the Supreme. Through the interpretation of the Constitution, the Supreme Court has tried to compile the Constitution with changed times. Through the interpretation of the constitution, brief sentences and times, the Supreme Court has helped in the expansion of the facility.
Through the interpretation of the Supreme Court, the constitution gets a new form and money. The Constitution of the Supreme Court has turned into a constitutional process. The US constitution is very complex. According to the procedure, it is not possible to fasten the Constitution. So, the Supreme Court has succeeded in protecting the dynamic dynamic by explaining the constitution.
In the US regime, the Constitution of the United States and the states in respect of the specific powers of the constitution of the Constitution, in its resolution, the seventh court resolved. Sandman is not a special power congress, or a state legislature or a prisoner, or both of them. The court decides the final decision. Again, in the US regime, the President and the Congress are in danger of being vigilant before the rule of the power law.
In this case, the Supreme Court sets the limits of the authority of both the authorities, through statutory and recognized power analysis. The US Supreme Court has decided in favor of national interest in the case of center and state conflicts.
In the vast expansion of the government’s authority, the Supreme Court has taken a significant role. He spoke of the importance of the legislation more important than the legitimacy of the legislation made by the Congress by the Congress.
In the case of Gibbs v. Agden case, the Supreme Court has decided against the interests of the national legislature and national legislature in terms of controlling interstate trade. The Supreme Court is of the opinion that if the State relieves the power of controlling the internal trade of any state, then the power of inter-kingdom trade is entrusted to Congress.
Protection of civil rights: The United States Supreme Court plays a key role in protecting the rights of citizens. The basic tenets of the Constitution of the United States are fundamental to the basic rights of citizens. In the first 10 terms of the United States civil rights issues Has thrown up. Besides, there are some rights mentioned in other parts of the constitution.
Arrangements have been made to preserve the rights mentioned in the 14th and 15th Constitution of the Constitution. The US Supreme Court is entrusted with the responsibility to preserve rights from the central and state government’s law and governance departmental intervention.
The Supreme Court interprets the rights and meaning of the rights recognized through the interpretation of the constitution and law. If any decision of the US Congress’s law or governance department is in violation of statutory rights, then the Supreme Court cancels civil rights protection by canceling the relevant laws or decisions.
Seagram in the Constitution:
They do not mask the power of divisional review, they also judge the legality of the law. In the case of the validity of the Supreme Court Act, it is seen that the US Supreme Court has not only constituted a statutory commission to limit the constitution.
The Supreme Court may reject any act of the law or the governing body for the sake of fabrication. The United States Supreme Court has taken the role of preserving the constitution of the law through the legality of justice, that is, judicial survey.
In fact, through judicial review, the Supreme Court’s powers have increased significantly. The legality of decision or order of the Supreme Court governing division as the guardian of the constitution. And constitutionalism of the law made by Congress
The Constitution also recognizes the constitution. The role of the Supreme Court of the United States Supreme Court as the guardian of the constitution has been established by the power of judiciary or by the power of the Judicial Tribunal.
The Supreme Court plays a special role in determining national policy and adopting a national policy in the United States government. After considering the contents and objectives of any law, when the Supreme Court imposes the relevant laws on the constitution.
The court primarily prohibits the policy related to this law. In this way, the Supreme Court plays the role of policy in deciding by considering the content of the law. From the legal point of view, the story is circulated that the court explains the law and does not make laws. Actually, the sovereignty of law has become its policy making body.
That is why political pressure is created on the court. It is seen, therefore, that the role of the Supreme Court’s policymaker is to play a political role. The Supreme Court is the United States’s authority to act as the policy-maker’s role.
Complying with the interests of the political alliance or national alliance, it is compelled to make decisions. So, in the US political system, the Supreme Court performs its constitutional duty in the contemporary socio-economic framework.
Regarding the role of the US Supreme Court’s policymaker, the role of its policy-making has become clear in the following few cases in which the Supreme Court has achieved relative success in the role of policy-maker in the last 25 years or more.
The law has expanded the rights of the niggors by eliminating the discrimination system in the education of white and unsightly students in schools.
The court has reformed the criminal proceedings. Every accused has arranged a lawyer for taking sides. Taking illegal allegations, taking action against the police for misconduct.
The Supreme Court has taken action against indecent literature and film.
The Supreme Court has terminated long-term permanent residency conditions for property ownership. As a result, the Supreme Court has had a significant impact on electoral politics.
The Supreme Court has expressed its views on various important issues such as gender discrimination, the death penalty, freedom of the press, etc.
The Supreme Court has come into the role of deciding the judiciary through the extradition of existing laws.
Statement of the Constitution and Supreme Court:
In the case of the Kathmah, the Supreme Court has established itself as the patron of the constitution. And as the Supreme Court possesses significant power.
There is a written constitution in the federal regime and the dominion of this constitution is established in the country’s governance. The United States government has recognized the importance of this constitution.
The US governance is governed by the instructions of the constitution. And the ability to explain the constitution and the responsibilities in the judiciary, the Supreme Court. Here are some of the things to consider:
Supreme Court Constitution Interpreter Extra interpreter and Supreme Court Constitutional interpreter His given explanation is fatal but he does not take the responsibility of interpreting himself.
If there is a question about the interpretation of the constitution with any case, then the Supreme Court explains the relevant part of the constitution. The interpretation of the Supreme Court is universally mandatory
The way in which the constitution of the Supreme Court interprets the Constitution is the meaning of the constitution. Former Chief Justice of the Supreme Court Justice Hughes commented that we are under the cover of a constitution, but what does that mean about the constitution depends on the decision of the dependent judges.
So the definition of judges is the United States Constitution. The manner in which the judges decide the meaning of the constitution, the concept of a constitution is also determined.
That is why many commented that the Supreme Court is the constitution. Though the kind of comments appear to be overwhelming, it is highly compatible with realistic and supreme court activities.
Under the Supreme Court, uninterrupted constitutional conferences and the ability of the Supreme Court to explain the constitution, it is said that a unanimous constitutional conference in the Supreme Court was averted.
In view of the meaning of this comment, the Constitutional Conferences, such as the constitution, will be responsible for writing. By doing so and completing this work in more than one way, the United States Supreme Court, in a similar way, adds new meaning to it with the interpretation and analysis of the constitution continuously.
Many commented that when the Supreme Court started the interpretation of the law, the new meaning of the constitution was added, the constitution got a new form. The Supreme Court’s explanation is one of the main sources of development of the Constitution.
The most important reason for the Supreme Court’s authority is to understand the importance of the Supreme Court’s role in the interpretation of the constitution, due to the complexity of the constitutional system. If the system of vibration is flexible.
It is possible to maintain and adapt to new needs. But the complexity of the systematic approach is in conformity The possibility of the provision is narrowing the problem. The Supreme Court maintains the law and the flexibility of the constitution.
Political trend Following the Supreme Court expressed its opinion. The role of the Supreme Court is more important than the formal sanction of maintaining the dynamic character of the Constitution adopted almost two-and-a-half years ago.
Maintaining consistency with the changed political situation and economic situation, the Supreme Court helped the constitution to be dynamically and dynamic. In a word, the Supreme Court has helped in modernizing the constitution.
The finer correctly commented. That’s the main problem in the problem of constitutional change. With the current situation, the Supreme Court has played a key role in complying with the constitution.
The role of the Supreme Court is not completely neutral politics
The role of the Supreme Court of the Constitution as the interpreter and guardian of the Constitution is debatable whether the politics is neutral or not.
Establishing the legality and rationality of the authority of the government in relieving the main responsibility of the court. Establishment of Stability. As long as the Supreme Court performs this duty, he vaunts dignity and power when the Supreme Court fails to perform this duties,
When the Supreme Court fails to perform the duties, then it is nabilizing and trying to pressure the government’s elected branch (the legislature).
As a component of the coalition’s political leadership. The cart supports the principle of that alliance. There is the 9th of the valid power of explaining its constitution, in its most important halo. There is a question about the legitimacy of the main principles of the main alliance.
In the United States, judges are not able to interpret any conjecture or scandal in the opinion of private opinion and political philosophy. Nayeg of the judges is dependent on their political opinion.
Like the members of the legislature or the administrators, they have their own opinions. At the time of the interpretation of any law or constitution, they work as a background to the analysis of their economic, social and emotional values.
By defying their own price tag, it is not possible to settle any ban. Each of us has a kind of form and consciousness, you can call him, or you can not. Such thinking and consciousness unite and manage our thoughts, activities. Like other people, the judges are also from this section
Justices of American Politics and Public Priority is not separated from the idea. They are appointed by the President. Every president believes in certain principles. After being appointed to the post of justice, they also saved with the contemporary incident.
The evidence of the events of the 1970s was influenced by the election results, even if they are not always condemned by election results. In the Public Utilities Commission vs.
Pelke case in 1952, Justice Frankfarter remarked that in the execution of the functions. The judges are not influenced by personal opinions.
The judges always have their decision. Political and social backgrounds are not influenced by. But ignore their political and social background. not possible.Supreme Court ruling by virtue of the power of interpretation of the constitution, Purse.