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.’

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