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The Journal of Appellate Practice and Process

2001

Separation of powers

Articles 1 - 2 of 2

Full-Text Articles in Law

Publicity And The Judicial Power, Daniel N. Hoffman Apr 2001

Publicity And The Judicial Power, Daniel N. Hoffman

The Journal of Appellate Practice and Process

The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.


Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown Apr 2001

Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown

The Journal of Appellate Practice and Process

Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.