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Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
Federalist No. 78 views the judicial branch as inherently weak because of its inability to control either the money or the military of the country. The only power of the judicial branch is the power of judgment: The Executive not only dispenses the honors but holds the sword of the community.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. Proponents view the constitution as developing alongside society's needs and provide a more malleable tool for governments.
A further development in English thought was the idea that the judicial powers should be separated from the executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following the Restoration , in the late years of Charles II and during the short reign of James II (namely, during the 1680s).
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional.
They also worry that term limits would foster legal instability, increase partisan bickering, further politicize the Supreme Court, undermine its perceived legitimacy, and weaken its independence.
This section extends the federal judicial power to "all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority", and further enumerates the subject matter of other cases or controversies arising under either state or local law to which the ...
Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of ...