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	Chapter 7. Judicial Power \| The Constitution of the Russian Federation
		Judicial proceedings shall be held on the basis of controversy and equality of the parties.
		The powers, the rules for forming and functioning of the Constitution Court of the Russian Federation, of the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation shall be fixed by the federal constitutional law.
		The powers, organization and the rules of the functioning of the Procurator's Office of the Russian Federation shall be determined by the federal law.
	www.constitution.ru /en/10003000-08.htm (969 words)

	Budget shifts judicial power Chief justice loses control of money - The Boston Globe
		At the insistence of the House, the lawmakers stripped the powers of Chief Justice Robert Mulligan to transfer money and staff among the courts, a key tool that some say is fundamental to ensuring the smooth operations of the state's court system.
		Yas said the latest move to strip Mulligan of the power to deploy resources is a major setback.
		Several Supreme Judicial Court rulings in the past several years, including those backing gay marriage and the Clean Elections Law, have strained the relationship between the Legislature and the judiciary.
	www.boston.com /news/local/massachusetts/articles/2005/06/27/budget_shifts_judicial_power (927 words)

	CRS/LII Annotated Constitution Article III
		Passing on the constitutionality of the establishment of the Sentencing Commission as an “independent” body in the judicial branch, the Court acknowledged that the Commission is not a court and does not exercise judicial power.
		Jurisdiction is the authority of a court to exercise judicial power in a specific case and is, of course, a prerequisite to the exercise of judicial power, which is the totality of powers a court exercises when it assumes jurisdiction and hears and decides a case.
		Judicial power is the authority to render dispositive judgments, and Congress violates the separation of powers when it purports to alter final judgments of Article III courts.
	www.law.cornell.edu /anncon/html/art3frag6_user.html (1455 words)

	FSM Constitution - Article 11
		The judicial power of the national government is vested in a Supreme Court and inferior courts established by statute.
		A case must be one appropriate for judicial determination, that is, a justiciable controversy, as distinguished from a difference or dispute of a hypothetical or abstract character, or one that is academic or moot.
		The power of the appellate division or a single justice thereof to stay proceedings during the pendency of an appeal is not limited by the Rules of Civil Procedure.
	www.fsmlaw.org /fsm/constitution/article11.htm (10021 words)

	"Judicial" Defined & Explained
		A judicial writ is one issued in the progress of the cause, in contradistinction to an original writ.
		Judicial power is the authority vested in the judges.
		The U.S. Constitution declares that, "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the congress may, from time to time, ordain and establish." Art.
	www.lectlaw.com /def/j047.htm (245 words)

	"JUDICIAL POWER LAWS REGULATIONS AND RULES" (Subject) - Books, journals, articles @ The Questia Online Library
		Georgia--2 U.S. (2 Dall.) 419 (1793), Federal jurisdiction--Laws, regulations and rules, Judicial power--Laws, regulations and rules, Sovereign immunity--Laws, regulations and rules, United States Constitution--U.S. Const.
		Judicial power--Laws, regulations and rules, Legislative power--Laws, regulations and rules, Persistent vegetative state--Laws, regulations and rules, Schiavo Relief Act (Draft), Schiavo, Terri--Cases, Separation of powers--Laws, regulations and rules, United States v.
		Constitutional interpretation, Constitutional law--History, Constitutional law--Interpretation and construction, Judicial power--History, Judicial power--Laws, regulations and rules, Madison, James--Beliefs, opinions and attitudes, Madison, James--Records and correspondence, Tocqueville, Alexis de--Beliefs, opinions and attitudes, United States Constitution, United States.
	www.questia.com /SM.qst?act=search&subjectsSearchType=1000&subjects=%22Judicial+power--Laws%2c+regulations+and+rules%22 (495 words)

	Tocqueville: Book I Chapter VI
		The second characteristic of judicial power is that it pronounces on special cases, and not upon general principles.
		The political power which the Americans have entrusted to their courts of justice is therefore immense, but the evils of this power are considerably diminished by the impossibility of attacking the laws except through the courts of justice.
		Within these limits the power vested in the American courts of justice of pronouncing a statute to be unconstitutional forms one of the most powerful barriers that have ever been devised against the tyranny of political assemblies.
	xroads.virginia.edu /~HYPER/DETOC/1_ch06.htm (2367 words)

	East European Constitutional Review
		The judicial power is exercised only by the courts, in conformity with the Constitution and powers given by law.
		The judicial power shall be exercised by the courts of first instance, courts of appeal and the High Court.
		Judicial decisions can be subject to review only on the basis of appeals or recourses [made] through judicial channels, pursuant to the definitions of the codes of procedure or special laws.
	www.law.nyu.edu /eecr/bycountryrefs/albaniaOrganizationJudicial.html (2570 words)

	PRECEDENT AND JUDICIAL POWER AFTER THE FOUNDING
		For the federal courts, according to Anastasoff, the traditional doctrine of precedent is a fundamental component of the notion of judicial power.
		The behavior of the post-Founding generations is consistent with this view of judicial power, and this fact should be persuasive because it reflects the participants’ understanding of what judicial power required.
		Although courts have considered the term “judicial power” in Article III to impose constraints in other ar[PG113]eas,141 no one has suggested before that the notion of judicial* power includes an obligation to respect precedent, however undefined this obligation may yet be.
	www.bc.edu /bc_org/avp/law/lwsch/journals/bclawr/42_1/02_TXT.htm (11168 words)

	JUDICIAL POWER
		When a person has a dispute with another person, a private organization, or a government entity, usually the best situation is that he or she can work the problem out in a mutually beneficial manner without the involvement of the legal system.
		Also, because the judicial branch is part of the government, it is inescapably political.
		Lest anyone think that the judicial system naturally has more commitment to justice than the “political” branches of the government, keep in mind that the U. Supreme Court was a major enemy of fl Americans from the time of the 1857 decision in the case of Dred Scott v.
	www.ngcsu.edu /bdf/bfried/Justc.htm (1145 words)

	HL456: A Case for Principled Judicial Activism
		Judicial restraint is not a part of that philosophy; it is not a constitutional end.
		Lastly, to take the opportunity to be activist, now that conservatives are in judicial power, would only legitimize activism by liberals when they come back into power, which they will do if ever they manage to meet their own, self-imposed, diversity requirements in making new appointments to the federal bench.
		The judicial restraint of conservatism is rooted in majoritarianism, not libertarianism.
	www.heritage.org /Research/LegalIssues/HL456.cfm (4751 words)

	WWW.HR - Judicial Power
		The judicial power in the Republic of Croatia is exercised by courts.
		The judicial power shall be autonomous and independent, and courts shall administer justice according to the Constitution and law.
		Judicial office is permanent, but exceptionally, at assuming the judicial office for the first time, judges are appointed for a five-year term.
	www.hr /croatia/state/judicial (684 words)

	Judicial Power in Russia: Through the Prism of Administrative Justice Law & Society Review - Find Articles (Site not responding. Last check: )
		This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party.
		Power, that is, the resources of judges to make binding decisions, is understood as including jurisdiction, discretion, and authority to ensure compliance.
		I have argued elsewhere that it was the combination of newly won autonomy for judges and new power in the form of involvement in matters of public import that led Putin to emphasize the accountability of judges in his judicial reform program of 2001 (Solomon 2002, forthcoming).
	www.findarticles.com /p/articles/mi_qa3757/is_200409/ai_n9435400 (680 words)

	Freedom Paper No. 4: Independent Judiciary
		Establishing a separate, distinct judicial branch of government responsible for upholding the Constitution as the supreme law of the land is a unique American contribution to political theory, and one that is attracting increasing attention from abroad.
		Judicial review is valuable as a deterrent, because the states and other branches must take it into consideration before they act lest they risk the courts' rebuke.
		Judicial operations are supervised by the Council of the Judiciary, presided over by the president and the minister of justice.
	usinfo.state.gov /products/pubs/archive/freedom/freedom4.htm (8511 words)

	Historic Cases at the E. Barrett Prettyman United States Courthouse
		Within the federal government, power is split between three branches of government—the legislative, executive, and judicial.
		The judicial branch, composed of the U.S. Supreme Court and the lower federal courts, interprets the law.
		"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."Others have found support for judicial review in Article VI of the Constitution.
	www.uscourts.gov /outreach/resources/judicialindependence/history.html (848 words)

	NM Judicial Handbook - Ethics (Site not responding. Last check: )
		The Judicial Education Center has designed this judicial handbook to give the concepts contained in the Code a practical context in which judges, especially non-lawyer judges in the courts of limited jurisdiction, can deal with ethical issues as they arise in everyday life.
		A judicial handbook, as distinguished from a benchbook, is not intended as an exhaustive treatment of its subject.
		Opinions issued by the Supreme Court Advisory Committee on the Code of Judicial Conduct are in the form AO 90-3, indicating the opinion was the third issued by the Committee in 1990.
	jec.unm.edu /resources/judicial_handbook/ethics (1159 words)

	II. The Operation of the Judicial Power
		The President and Vice President of the Judicial Yuan exercise the power of judicial administration.
		They supervise the various subordinate organs of the Judicial Yuan to ensure that these organs exercise their functions in accordance with the law.
		They also strive to develop a sound judicial system, increase the effectiveness of judicial functions, improve the working conditions for the judiciary, and elevate the quality of judicial decisions.
	www.judicial.gov.tw /en/english/aboutus/aboutus04/aboutus04-02.asp (376 words)

	CHINA'S JUDICIAL SYSTEM
		Members of judicial committees of local people's courts at various levels are appointed and removed by the standing committee of the people's congress at the corresponding levels, upon the recommendation of the presidents of these courts.
		This mechanism is said to be designated to safeguard the correct and impartial exercise of judicial powers, but in practice it may also be used as a device by some committee members to interfere improperly with the collegial panel's function and to provide favors to one side of a litigation.
		Today, the judicial interpretations of the Supreme People's Procuratorate, as well as that of the Supreme People's Court, have, de facto, the legal effect and are binding upon the judicial activities of people's procuratorates of lower levels throughout China even though China is not a common law country.
	www.olemiss.edu /courses/pol324/chnjudic.htm (2782 words)

	Maine Constitution Article VI.Judicial Power.
		The judicial power of this State shall be vested in a Supreme Judicial Court, and such other courts as the Legislature shall from time to time establish.
		The Justices of the Supreme Judicial Court and the Judges of other courts shall, at stated times receive a compensation, which shall not be diminished during their continuance in office; but they shall receive no other fee or reward for their services as Justices or Judges.
		The Justices of the Supreme Judicial Court shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Senate or House of Representatives.
	janus.state.me.us /legis/const/Constitution2005-10.htm (280 words)

	Politics: Power of Judicial Review
		Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision.
		He argues that, "If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power.
		He asserts, "It is emphatically the province and duty of the judicial department to say what the law is." There is nothing in the Constitution that assigns the duty of review solely to the judicial department.
	www.cyberessays.com /Politics/73.htm (973 words)

	The power of judicial review \| csmonitor.com
		But judicial review was not explicitly stated in the Constitution; the concept evolved in the course of debate over constitutional ratification and was affirmed by state courts.
		Judicial review is, in the words of one legal expert, the ``cornerstone'' of US constitutional law and the ``rock upon which this nation has been built.'' It has enabled the court to check power as it adjudicates between Congress and the states and between Congress and the president.
		The exercise of judicial power did not begin in earnest, however, until the end of the 19th century.
	www.csmonitor.com /1987/0211/zcon4.html (2790 words)

	The Case or Controversy Requirement of Article III
		In a strong dissent, Justice Stevens argued that a sensible allocation of scarce judicial resources, and proper respect for stare decisis and state courts, dictated an opposite presumption from the one adopted by the Court.
		The case-or-controversy limitation on the judicial power also generally prevents a federal court from deciding a question that once affected the rights of litigants, but no longer does.
		More broadly, the political question doctrine might be invoked when there is a lack of judicially manageable standards to decide the case on the merits, when judicial intervention might show insufficient respect for other branches of government, or when a judicial decision might threaten the integrity of the judicial branch.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/caseorcontroversy.htm (3241 words)

	IELRC.ORG - Of judicial power
		Increasingly, the constituency on whose behalf the enhancement of judicial power has been strengthened began to emerge as the casualty of the exercise of that power.
		It is this turnaround in the exercise of judicial power affecting millions of people on whom 'legality' and the power of the law were directed to fall as does a hatchet, that has provoked reaction.
		When we allow the court to acquire so much power, the question that arises is, to whom is the court accountable and how is such accountability reinforced?" And he says: "The answer according to me is that a constitutional court has to continuously strive to sustain its own legitimacy.
	www.ielrc.org /content/n0202.htm (1213 words)

	Judicial power grab \| Jerusalem Post (Site not responding. Last check: )
		The critical task is not drafting new immigration legislation, though this, too, is necessary, since the current law expires on June 30, and the court clearly indicated that it would not approve a lengthy further extension.
		This is a power grab of gargantuan proportions.
		Otherwise, the enormous power that the court derives from being the ultimate arbiter of legality, combined with the justices' complete independence once appointed (since they receive lifetime tenure, they need not curry favor to retain their positions), would leave the elected branches powerless against the justices' whims.
	www.jpost.com /servlet/Satellite?cid=1145961364598&pagename=JPost%2FJPArticle%2FShowFull (1048 words)

	Power to the Parliament: Draft Call for a Better European Patent System
		As long as there is no constitutional framework with democratic lawmaking at the European level, final decision power not be transferred to a European court; the national judicial systems must remain available as cheaper alternative paths with a corrective function;
		It contributes to a general loss of faith in democracy and in the EU project.
		That is still the heart of our solution: When governments create a European institution, such as the planned European Patent Court, they must agree by treaty to transfer the related legislative competences to the European Parliament.
	www.power-to-the-parliament.org (696 words)

	SSRN-The Original Meaning of the Judicial Power by Randy Barnett
		Madison, or that, because it is contrary to the original meaning of the Constitution, it must be justified by some nonoriginalist interpretive methodology.
		In short, I shall demonstrate that the original meaning of the "judicial power" in Article III, included the power of judicial nullification.
		It is equally important that these nonoriginalists are made aware of the substantial evidence that the original meaning of the "judicial power" included the power to nullify unconstitutional laws.
	www.ssrn.com /abstract=437040 (335 words)

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