Judiciary in U.S.A
- The USA is a liberal democratic and federal state with a strong and independent judiciary. The existence of a well organised and independent Judicial system is a necessity for every democratic system because without it the rights of the people can never be protected from possible violations by an arbitrary exercise of power by government.
- In a true federal spirit two separate systems of courts are established in USA:- a) the federal Judicial system b) the state judicial system.
- The US Judiciary is an independent judiciary. It is an independent organ of government and enjoys power to interpret and defend the constitution and the fundamental rights and freedoms of the people of the United States.
- The concept of judicial review can legitimately be described as the American contribution to the theory and practice of political science.
- The federal courts stand divided into two parts- the constitutional courts and the legislative courts. The circuit courts of appeals and district courts were created by the constitution.
- District courts are the lowest level federal courts with original jurisdictions in their respective districts. The 50 states have been divided into 89 judicial districts and each has a district court.
- The Supreme Court is at the apex of the U.S. Judicial pyramid. It is the highest court of the land and the only court specifically mentioned in the constitution.
- The judges can be removed only by impeachment and for established misbehaviour. The power of impeachment is in the hands of the congress.
- The Supreme Court is the final interpreter of the constitution. Its interpretations of the constitutional provisions are ‘considered inherently superior and final.’
In US who specify the number of Judges in the supreme court?Marks:1
The US constitution does not specify the number of Judges of the supreme court. It is fixed by the congress. To begin with, the supreme court consisted of a chief Justice and five other Judges. The size of the supreme court has been changing from time to time. However, since 1969 it has continued to be same i.e. Nine- one chief Justice and eight other Judges.
In US, which of the following courts hears appeals against the decisions of the district courts?Marks:1
Circuit courts of appeals
There are in all 11 circuit courts of appeals which hear appeals against the decisions of the district courts. Each such court works in its own circuit and hears appeals from the district courts which fall within its circuit (Area of Jurisdiction).
Which of the following courts are the lowest federal courts in US districts?Marks:1
District courts are the lowest level federal courts with original Jurisdiction in their respective districts. The 50 districts have been divided into 89 Judicial Districts and each has a District court. It has Jurisdiction in its area of operation.
Which organ of the US government is considered the guardian of the constitution?Marks:1
The supreme court acts as the guardian protector of the constitution. It has the power to declare any law or an action of the executive invalid if in its judgment it is not in conformity with the constitution.
In the US who is the final interpreter of the constitution?Marks:1
The supreme court is the final interpreter of the constitution. Its interpretations of the constitutional provisions are considered inherently superior and final.