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Tuesday, September 24, 2019

Stare Decisis and the Principle of Precedent Coursework

Stare Decisis and the Principle of Precedent - Coursework Example Gur-Arie highlights that though judicial independence was originally intended in order to have courts and judges who settle disputes impartially regardless of potential, proffers, and real favors. In addition, the judges are expected to uphold democratic accountability. However, the United States provisions promote the judiciary’s democratic control on one hand while promoting judicial independence on the other. This is evident in the present procedures for judicial budgeting that leaves the courts and judges under the oversight and slight control from the executive and the legislature. One best instance is that of executive branch influencing judicial funding levels through its propositions to Congress on fiscal policy. Furthermore, the Congress determines the extent of funding for the judicial branch. Conversely, the Legislators utilize their power on funding to reveal the approval or disapproval of how the judges manage the courts, and though rare, the legislators use their positions to reveal their approval or disapproval of decisions by the judiciary. In addition, Congress utilizes other control means to regulate the effects of judicial decision making and the threats of other decisions in the future. In this case, the fact that it is the president who appoints federal judges with the consent and advice of the Senate leaves the judiciary under the influence of political forces as the legislature and the executive seek to achieve their ambitions.

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