In May 1899 the minister of justice stated in the chamber of deputies that the machinery of the courts in the country was antiquated, unwieldy and incapable of performing its duties; that 50,000 cases were then waiting decision in the minor courts, and Io,000 in the federal division; and that a reconstruction of the judiciary and the judicial system had become necessary.
The judiciary is composed of a supreme court of seven members, a court of chancery, a county court in each county, a probate court in each probate district, and justices of the peace.
Propositions to establish the judiciary on a more permanent tenure were also voted down in 1814, 1822, 1857 and 1870, and the state still elects its judges for two years' terms. On its own suggestion, the council of censors was abolished in 1870 and the present method of amending the constitution was adopted.
The judiciary system of Italy is mainly framed on the French model.
Above all, there was no dividing 'line between the judiciary and the administrative functions.
The dissertations not embodied in his great work were collected by himself and (after his death) by his pupil, Camille Jullian, and published as volumes of miscellanies: Recherches sur quelques problemes d'histoire (1885), dealing with the Roman colonate, the land system in Normandy, the Germanic mark, and the judiciary organization in the kingdom of the Franks; Nouvelles recherches sur quelques problemes d'histoire (1891); and Questions historiques (1893), which contains his paper on Chios and his thesis on Polybius.
The judiciary consists of a supreme court of three judges, thirteen (1908) circuit courts, seven (1908) chancery courts, county courts and justice of thelpeace courts.
In 1907 there was a serious clash between the state authorities and the Federal judiciary, arising from an act of the legislature of that year which fixed the maximum railway fare at 21 cents a mile and imposed enormous fines for .its violation.
1854), nevertheless urged the state courts and attorneys to proceed with the prosecution of other ticket agents, and threatened to resist with the force of the state any further interference of Federal judiciary; but in March 1908 the Supreme Court of the United States declared the North Carolina rate law unconstitutional on the ground that it was confiscatory.
In 1820 Webster took an important part in the convention called to revise the constitution of Massachusetts, his arguments in favour of removing the religious test, in favour of retaining property representation in the Senate, and in favour of increasing the independence of the judiciary, being especially notable.
He appeared personally before successive legislative committees, and in 1846 published a pamphlet, "The Reorganization of the Judiciary," which had its influence in persuading the New York State Constitutional Convention of that year to report in favour of a codification of the laws.
Facing the judiciary building is an heroic statue in bronze of Kamehameha the Great., About 2 m.
As chairman of the judiciary committee, he brought forward a number of measures for the improvement of judicial procedure, and in May 1826 joined with Benton in presenting a report on executive patronage.
This acted at once and without any consciousness of difference of function, as judiciary, as legislature, in so far as there was any in the feudal period, and as council, and it exercised final supervision and control over revenue and administration.
The judiciary is composed of a supreme court, superior courts and courts of first instance, and justices of the peace.
The dependence of the judiciary upon the legislature was maintained until 1860, and the governor is still shorn of certain powers which are customary in other states (see Administration).
The organization of the judiciary is similar to that under the old English system.
The state judiciary consists of a supreme court of six judges and a district court of fifty-three judges, from one to four in each of twenty districts.
The judiciary, transferred to the people the choice of many officers, state and local, who had been appointed by the governor or the legislature; and placed numerous restrictions on the law-making power of the legislature.
A constitutional convention met and proposed a new constitution in 1867, but every article was rejected by the people save one relating to the judiciary, which was adopted separately as an amendment in 1869.
The local judiciary includes the usual county and city judges, county surrogates and justices of the peace.
New York City (q.v.) has an extensive judiciary system of its own.
In 1733 a popular organ, the New York Weekly Journal, was established under John Peter Zenger (1697-1746), and in 1735 both the freedom of the press and a great advance toward the independence of the judiciary were the outcome of a famous libel suit against Zenger.
In each there was a governor, with minor executive officers, a legislature, and a judiciary; and although the Crown retained the power of altering the charter, and the British parliament could (in strict legal view) legislate over the head of the colonial legislature so as to abrogate statutes passed by the latter, still in practice each colony was allowed to manage its own affairs and to enact the laws it desired.
These three factorspopular election, limited terms and small salarieshave all tended to lower the character of the judiciary; and in not a few states the state judges are men of moderate abilities and limited learning, inferior (and sometimes conspicuously inferior) to the best of the men who practise before them.
The part played by the judiciary has at some moments been of special importance, while at others it has been little noticed.
Baldwin, The American Judiciary (ibid., 1905).
Judiciary six years, provided for quadrennial sessions of the legislature, and introduced the office of lieutenant-governor.
Thus, while armaments are increasing, and wars are being fought out in the press and in public discussion, the great powers are steadily working out a system of written law and establishing a judiciary to adjust their differences in accordance with it.'
It increased the number of senators and representatives, created the office of lieutenant-governor, substituted biennial for annual sessions of the legislature, introduced minority representation in the choice of the higher judiciary and of the county commissioners and auditors and provided (as had an amendment adopted in 1850) for the election of all judges by popular vote.
The cultus applied at first to local martyrs, and it was only in exceptional circumstances that a kind of judiciary inquiry and express decision became necessary to legitimate this cultus.
30 1919 did the Senate Judiciary Committee hand in its report recommending the appointment.
As chairman of the judiciary committee he conducted the impeachment trial (1830) of Judge James H.
Peck, led an unsuccessful movement to increase the number of Supreme Court judges and to relieve them of their circuit duties, and succeeded in defeating an attempt to repeal the twenty-fifth section of the Judiciary Act of 1789, which gave the Supreme Court appellate jurisdiction by writ of error to the state courts in cases where federal laws and treaties are in question.
He also obtained the suppression of the religious orders and of all ecclesiastical privileges, and actively contributed to the change of the judiciary and administrative system.
He worked for a revision of Ellsworth's judiciary act of 1789, and especially to relieve justices of the supreme court 1 The plan was not drafted by Randolph, but he presented it because he was governor.
There was to be, under this plan, an executive chosen by the national legislature, to be ineligible for a second term, to have general authority to execute the national laws and to have the executive rights vested in Congress by the Confederation; and the executive with a convenient number of the national judiciary was to compose a Council of Revision, with a veto power on acts of the national legislature and on the national legislature's vetoes of acts of state legislatures - but the national legislature might pass bills (or vetoes of state legislation) over the action of the Council of Revision.
The plan provided for a Federal judiciary, the judges to be appointed by the national legislature, to hold office during good behaviour, and to have jurisdiction over cases in admiralty and cases in which foreigners or citizens of different states were parties.
There is no separate judiciary, or police force, or civil service, nor any separate departments of general government.
The judiciary consists of a supreme court of 7 members elected for a term of 9 years; a circuit court of 54 judges, 3 for each of 18 judicial districts, elected for 6 years; and four appellate courts - one for Cook county (which has also a "branch appellate court," both the court and the branch court being presided over by three circuit judges appointed by the Supreme Court) and three other districts, each with three judges appointed in the same way.
Under the guidance of Judges John Jay, Marshall, and Joseph Story, the judiciary from 1790 to 1835 had followed the Federalist loose construction methods of interpreting the constitution.
Other legislation provided for the organization of a judiciary, a supreme court, the enactment of a code of civil procedure, the establishment of a bureau of forestry, a health department, and an agricultural bureau and a bureau of constabulary, made up of native soldiers officered by white men.
Under the Japanese regime the judiciary and the executive were rigidly separated.
For the judiciary, provisions were made for expediting trials and decisions.
Returning to Massachusetts, he spoke and wrote in opposition to its ratification, and although not a member of the convention called to pass upon it, he laid before this convention, by request, his reasons for opposing it, among them being that the constitution contained no bill of rights, that the executive would unduly influence the legislative branch of the government, and that the judiciary would be oppressive.
A learned jurist, he contributed during the Constituent Assembly to the organization of the judiciary of France.
In addition to the prerogatives commonly invested in his office, the president is authorized to supervise the judiciary, to nominate candidates for the higher ecclesiastical offices, to intervene in the enforcement of ecclesiastical decrees, papal bulls, &c., to exercise supervisory police powers, and to appoint the intendants of provinces and the governors of departments, who in turn appoint the sub-delegates and inspectors of subordinate political divisions.
The constitution of the courts is based on the example of the English judiciary, and the rules of evidence and procedure are practically the same in both criminal and civil cases as in England.
The effect of the act was to impose upon the judges under severe sanction the duty of protecting personal liberty in the case of criminal charges and of securing speedy trial upon such charges when legally framed; and the improvement of their tenure of office at the revolution, coupled with the veto put by the Bill of Rights on excessive bail, gave the judicature the independence and authority necessary to enable them to keep the executive within the law and to restrain administrative development of the scope or penalties of the criminal law; and this power of the judiciary to control the executive, coupled with the limitations on the right to set up "act of state" as an excuse for infringing individual liberty is the special characteristic of English constitutional law.
The Bolivian judiciary consists of a national supreme court, eight superior district courts, lower district courts, and juzgados de instrucciOn for the investigation and preparation of cases.