UNIT 3 ESSAY: THE FOURTH BRANCH OF GOVERNMENT Norma Rogers January 4‚ 2011 Kaplan University Dr. Warren PA165-01 The Fourth Branch of Government It has been taught since elementary school that the United States government consists of three branches‚ including the Executive‚ Legislative‚ and Judicial. However‚ in those early days‚ there were no lessons on the influential fourth branch of government that operates alongside the other three and plays a central and increasingly
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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The Executive Branch I.The President of the United States: George W. Bush i.Requirements to Hold Office: You must be at least thirty-five years old‚ a natural born citizen of the United States‚ and a resident of the US for no less than fourteen years. ii.Duties and Powers: The President must execute laws‚ commission all officers of the United States‚ and adjourn or convene both houses. It is also a duty of the President to pass and regulate laws. With the consent of the Senate he may make treaties
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Introduction: Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
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The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Between 1450 and 1800 many women gained power as rulers‚ some as reigning queens‚ others as regents. Identify two such powerful women and discuss how issues of gender‚ such as marriage and reproduction‚ influenced their ability to obtain and exercise power. Two of the most powerful women of this era were Queen Elizabeth the first of England and Catherine the Great of Russia. These women had a difficult time gaining their power‚ and were faced with many adversaries‚ but‚ they overcame them and
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to concrete laws and to a better Government for their new country. The Legislative Branch is the most influential Branch in our government. It has the power to declare war and to overrule a presidential veto. Just these two powers alone almost completely make the Executive Branch powerless. The Legislative Branch can also impeach Judges from the Judicial Branch as well as control the national budget. The most influential activity Congress does is
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“We all learn in school that the judicial‚ legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well‚” stated by Alan Dershowitz. All of the branches should be checked on power by everyone. That is where Judicial review comes in‚ it is a check and balance on the Executive branch and the Legislative branch. Judicial review is an important part of our constitutional system
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system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and prompt trial (Rule of Law Institute of Australia 2015). This could be an issue with indeterminate sentencing
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