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英国essay代写:Judges serve for life in the United States

2019-05-16 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- Judges serve for life in the United States讨论了美国法官终身制。法官终身制是美国法制的一大特色,联邦法官任命终身制在美国的政治结构设立上有至关重要的意义。法官任命终身制有助于实现司法独立,从而保障法院法官能够不受世俗影响去执行司法原则。美国法官终身制是美国政治现实的必然结果,它既实现了三权的制约与平衡,又有体制防止法官的腐败。本篇essay代写51due代写平台整理,供大家参考阅读。

Judges serve for life,美国法官终身制,essay代写,代写,paper代写

The tenure system of judges is one of the characteristics of the American legal system. The system of appointment of judges for life is conducive to the realization of judicial independence so as to protect the judges of the court from the secular influence to implement judicial principles. Yet American judges are rarely corrupt.

U.S. Supreme Court justices are nominated by the President and appointed by the senate for life. Article 3, paragraph 1, of the United States constitution states that "judges of the Supreme Court and of the lower courts, who are devoted to their duties, shall serve for life." Article 2, paragraph 4, states: "the term of office of a judge shall be unlimited, and he shall be removed from office only upon impeachment and judgment." In fact, the life of a judge is a feature of the American legal system.

In western constitutional countries, the constitution generally presumes the government as "evil" in advance, and suspects the possibility of abuse of power by those in power. Therefore, the constitutional system that prohibits the President and the prime minister from being re-elected repeatedly has been created. But only for judges, the constitution of every country gives them full life guarantee and lifetime treatment without exception.

The appointment of federal judges for life is of great significance in the establishment of American political structure. The separation of powers in the political system of the United States is essentially a structure of checks and balances among the judicial, executive and legislative branches. Executive and legislative powers, the President and congress have elected by citizen election, responsible to the citizen and a more positive role in the whole state machine, and the judicial directly appointed by the President in the federal government, term life after confirmed by the congress, the judge will not be involved in legislative or administrative, but shall have the right to interpret the law, and to evaluate whether administrative command in violation of the current law, and, more importantly, the justice department has the right to reject any conflict with the constitution of the United States law, both in any state or federal laws.

One of the structural problems of American democracy is that politicians are forced to make shortsighted or popular political choices that may not be in the long-term interests of the society under the pressure of election and re-election every few years. With the White House changing hands, the parties taking turns, and a wide range of ideologies leading the way, it must be ensured that the justices do not have to worry about losing their jobs to independent legal opinions, do not follow the eye of the executive, and do not drift with partisan pressure. In today's competitive presidential and congressional RACES, the checks and balances of the executive and legislative branches of an independent and politically unencumbered judiciary are essential.

Based on the above, it is particularly important to guarantee the judicial independence of judges. Then how to realize the judicial independence of judges in the United States?

A judge for life helps to achieve this. Judges are appointed for life, unless they are removed by congress for gross negligence, which is rare. The mechanism to ensure the independence of individual judiciary is the principle of judicial immunity. Under this principle, judges in the scope of their judicial responsibility for the conduct of the full civil liability exemption. If a judge fears that an angry litigant is not satisfied with the outcome of a judgment, accuses them of gross negligence and corruption, and sues them, the judge may be under threat and pressure to decide difficult or controversial cases, and may be under pressure to abandon important legal principles. The principle of judicial immunity and the tenure of judges protect federal judges from public pressure in making decisions.

The second component of judicial independence is the judicial independence at the institutional level. That is, the judiciary is equal to the legislative and governmental departments and is not under their control. The American system is one of separation of powers, in which the government departments are independent of each other and each party is responsible for supervising the other party in case the power of either party is too concentrated. The judicial branch is responsible for reviewing the activities of the legislative and executive branches to protect the rights of minorities from arbitrary policies formulated by the public and powerful interests. Therefore, in the west, there is no domestic leadership interference in the judicial phenomenon.

The Supreme Court is the institutional embodiment of the separation of powers, and the office of chief justice is the personification of the system. In principle, these judges should be able to interpret the law according to their own understanding of the law and their sense of responsibility to society and the public. It is clear to us that the advantages of the life tenure system for judges are at least considerable compared with the current system of judicial appointment in China. No one, however, is a sage except the Lord chancellor. When they are tempted by money or forced by power, they can hardly keep their conscience. And so there was a system, a system that supported the judges' just interpretation of the law. But the biggest problem is that it is the most prone to judicial corruption, which we rarely hear about in the United States. What is the reason?

Although judges are for life, it is hard for them to be corrupt because of a well-developed supervision system. The famous "separation of powers" and "two-party competition for power" have brought the supervision system to the most subtle level. Corruption is impossible unless you hold the eyes of both parties and the whole society.

Although the President can appoint judges, he cannot easily replace them. The judge's name is a legacy of his long career as a judge, and the President has to think not only about his administration but, more importantly, his own reputation. Imagine a respected judge being removed from office. Is the loss to the judge greater or to the President greater?

The modern judicial system is characterized by the emphasis on evidence and trial. As a judge, I make my judgment according to the law only according to the defense of the lawyers of both sides. In fact, many times a judge is just a formality. He who knows the law knows who is right and who is wrong before he passes sentence. Also accordingly, the citizen is hit lawsuit, heavy lawyer and light judge, the effect of the judge in trying is less important than lawyer commonly.

The life tenure system is based on the premise that "once a judge is appointed, he shall not be removed from office, removed from office or allowed to retire early unless impeached." Anyone who believes that a judge has unfairly decided a case may bring the same level of parliament to impeach the judge. If impeached, they can also be removed from office and removed from office.

It can be seen from this that the lifetime system of judges in the United States is the inevitable result of the political reality in the United States. It not only realizes the restriction and balance of the three powers, but also has the system to prevent the corruption of the judge. Hopefully, China can learn some useful lessons from the us judicial system.

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