When it comes to our courts there are many rules and regulations that our Supreme Court Justices must abide by. There are many restraints placed upon them and their ability to legally hear a case. Justices are restrained by the types of cases before them as well as jurisdiction, legitimacy and capacity, judicial role, and access to review. Under access to review there are many interesting caveats to the law that must be looked at with a critical eye and an understanding that not all cases are able to be heard by the Supreme Court. Access to review touches quite a few rules within the court; three of which will be discussed herein: ripeness, standing, and justicabilty.
Ripeness is the notion that a case is ready to be heard before the Supreme Court only when all other involved agencies have exhausted their efforts to solve the dispute. The purpose of ripeness or of the doctrine introduced by ripeness ‘Exhaustion of Administrative Remedies’ is to prevent the courts premature involvement in cases that have yet to reach a final decision by other remedies and through other administrative agencies. In addition to these ripeness restrictions, the doctrine also provides that cases must face an immediate and nearly definite promise of adverse governmental action before a case may be heard before the Supreme Court.
The doctrine “Exhaustion of Administrative Remedies” was adapted to give overseeing administrative agencies the authority to handle grievances within their jurisdiction as afforded to them by congress.
“Requiring exhaustion helps agencies avoid the cost of making decisions without all interested parties present; increases accuracy, consistency, and public acceptability of administrative decisions; conserves judicial resou...
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...st of time. Our court system is terribly overburdened and we must maintain a sense of law and order if it is going to continue to work in favor of the most deserving litigants.
Works Cited
Gelpe, Marcia R., "Exhaustion of Administrative Remedies: The Lesson from Environmental Cases" (1985).Faculty Scholarship Paper 81. http://open.wmitchell.edu/facsch/81
For Encyclopedia of American Law: Standing. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved April 20 2014 http://legal-dictionary.thefreedictionary.com/standing
John E. Finn (2006). "Civil Liberties and the Bill of Rights". The Teaching Company. "Part I: Lecture 4: The Court and Constitutional Interpretation
Murphy, Walter F., C. Herman Pritchett, and Lee Epstein. Courts, judges & politics: An introduction to the judicial process. 6th ed. Boston: McGraw-Hill, 2002.
The conceptual foundation of the U.S. Constitution is that there is a checks and balance system within the government that was developed to ultimately protect the rights of the people. In Pembaur v. City of Cincinnati (1986), there is an ongoing string of rulings from multiple appeals, for multiple rulings, that derived from a single case. What is interesting to note is that the original charge in the case is not the same charge for the most recent ruling. The actual case that is being heard in the Supreme Court is for civil damages. Although the law is being followed in allowing for the checks and balances to take place, the history of this case took place over a period of nine years from 1977-1986. One could question the efficiency of public administration in delivering a timely decision. As each case reached a ruling, another appeal needed to be submitted for the new justification of the ruling. Many different actions were submitted for review based on the different findings for each new ruling. A mentioned previously, this process was completed over a nine year period, and in accordance
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
Linder, Douglas O. "Judge James E. Horton." UMKC School of Law. 1999. Web. 24 Feb. 2011.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result — Justice Kennedy concurring, Texas v Gregory Lee Johnson
And An Administrative Law Solution.” Tulane Law Review 87.2 (2012): 427-455. Academic Search Complete. Web. 1 Apr. 2014.
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Under article 36(6) Statute of the Court , the Court asserted its right to the principle of...
"The applicability of doctrine of proportionality even in administrative law sphere is yet a debatable issue."
Robert N. Clinton, ‘Judges Must Make Law: A Realistic Appraisal of the Judicial Function in a Democratic Society’ [1981-1982] 67 Iowa L. Rev. 711 http://heinonline.org/HOL/Page?handle=hein.journals/ilr67&div=38&g_sent=1&collection=journals accessed 12 February 2012
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.