the judiciary

(noun)

The judiciary is the system of courts that interprets and applies the law in the name of the state.

Related Terms

Examples of the judiciary in the following topics:

  • Debate over the Presidency and the Judiciary

    • During the Constitutional Convention, the most contentious disputes revolved around the composition of the Presidency and the Judiciary.
    • Madison, however, did not believe that the judiciary should be truly independent, but rather be obligated to the legislature not the executive.
    • By insisting on the independence of the judiciary, Madison stepped away from the Articles of Confederation to create something entirely new.
    • During the Constitutional Convention, some the most contentious disputes revolved around the composition of the Presidency and the Judiciary.
    • James Madison authored the Virginia Plan, which contained important provisions on the presidency and judiciary.

  • The Power of Judicial Review

    • Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
    • Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
    • In the civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.
    • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.
    • Explain the significance of judicial review in the history of the Supreme Court

  • The Judicial Branch

    • Constitution, the Supreme Court and federal courts make up the judiciary branch of the United States.
    • The judiciary is the system of courts that interprets and applies the law in the name of the state.
    • The judiciary also provides a mechanism for the resolution of disputes.
    • The judiciary branch is often tasked with ensuring equal justice under law.
    • The United States federal courts make up the judiciary branch of federal government.

  • Judicial Federalism

    • Judicial federalism relies on the fact that the judiciary has a place in the check and balance system within the federal government.
    • The first Congress passed the Judiciary Act of 1789, which established the lower federal courts and specified the details of federal court jurisdiction.
    • Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution.
    • The Judiciary Act thereby incorporated the concept of judicial review.
    • Analyze the complex role of the state and federal judiciary in the federal system

  • Judicial Review and Marbury v. Madison

    • However, it deemed the Judiciary Act of 1789, which enabled Marbury to bring his claim to the Supreme Court, to be unconstitutional.
    • During this month, Adams and the Federalist Congress passed the Judiciary Act of 1801.
    • On March 3, just before the end of his term, Adams took advantage of the newly modified Judiciary Act by appointing 16 Federalist circuit judges and 42 Federalist justices.
    • The newly sworn-in Democratic-Republican seventh Congress immediately nullified the Judiciary Act of 1801 with their own Judiciary Act of 1802.
    • This new act reestablished that the judicial branch would once again operate under the dictates of the original Judiciary Act of 1789.

  • Marbury v. Madison

    • The landmark Supreme Court case,, firmly established the basis for the exercise of judicial review.
    • Supreme Court decision in which the Court established the basis for the exercise of judicial review in the United States under Article III of the Constitution.
    • The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
    • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
    • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.

  • Establishing Justice

    • As the third branch of government, the judiciary is the system of courts that interprets and applies the law in order to mete out justice.
    • The judiciary is the system of courts that interprets and applies the law in the name of the state.
    • Under the doctrine of the separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case.
    • The judiciary also provides a mechanism for the resolution of disputes.
    • The Supreme Court of the United States is the highest court in the United States .

  • The Last Days of the Federal Presidency: The Midnight Judges

    • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
    • Therefore, the 1789 Judiciary Act was unconstitutional and the Supreme Court could not compel the president to accept Marbury's appointment.
    • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
    • According to the Constitution, there is one simple provision that "the judicial power of the United States shall be vested in one supreme Court. " What this judicial power was or how the Court was to wield it is left remarkably blank in the rest of the document.
    • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.

  • Vertical Checks and Balances

    • Some of these constitutional provisions enhance the power of the national government; others boost the power of the states.
    • It defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution.
    • Congress is in charge of ratifying treaties signed by the President and gives advice and consent to presidential appointments to the federal, judiciary, and executive departments.
    • The executive branch (President) is the commander-in-chief of the armed forces.
    • He makes appointments to the federal judiciary, executive departments, and other posts with the advice and consent of the Senate, and has power to make temporary appointments during the recess of the Senate.

  • The Powers of National Government

    • The federal government is composed of three branches: executive, legislative, and judiciary, whose powers are granted by the Constitution.
    • Powers are vested in Congress, in the President, and the federal courts by the United States Constitution.
    • The powers of the federal government have generally expanded greatly since the Civil War.
    • Since the United States was formed, many disputes have arisen over the limits on the powers of the federal government in the form of lawsuits ultimately decided by the Supreme Court.
    • The Judiciary explains and applies the laws.