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NEWS ~ Judiciary + Law

Editor's Note: This is an area where Wikipedia falls short forgetting the source of authority from which laws arise and the governments that pass them. They suggest laws are enforced through social institutions to govern behaviour not by virtue of the sovereignty of the people.

The' 'judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "Supreme court" or "Constitutional court"), together with lower courts.

In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power (in civil law countries this power is typically held only by final appeal level courts) may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.

Website: https://en.wikipedia.org/wiki/Judiciary
Location: POLITICAL
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Latest Activity: Sep 6, 2015

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Judiciary + Law News

In Victory for Standing Rock Sioux Tribe, Court Finds That Approval of Dakota Access Pipeline Violated the Law |THE INDIGENOUS AMERICAN

The Standing Rock Sioux Tribe won a significant victory today in its fight to protect the Tribe’s drinking water and ancestral lands from the Dakota Access pipeline. A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects.

Historic day at the UN: Nuclear weapons are now banned under international law | Greenpeace International

Today at the UN Headquarters in New York, a global treaty banning nuclear weapons has been adopted. This is an historic moment: according to the treaty, to possess and develop nuclear weapons is now illegal under international law. The treaty will be open for signature by states on September 20th. Over the last three weeks, 140 countries have engaged in final negotiations of the new treaty. The nine states with nuclear weapons (US, Russia, China, France, UK, India, Pakistan, Israel and North Korea) have been boycotting the meeting in an attempt to rob the process of its legitimacy. NATO members have also stayed outside of the negotiations, and on the wrong side of history. Their absence is sadly significant; unless a country ratifies the treaty, it is not bound by it. And yet, despite the efforts by nuclear armed states and those supporting them to derail negotiations, a significant milestone has been reached: the vast majority of UN member states have now declared that weapons intended to inflict catastrophic humanitarian harm are prohibited under international law. Up until today, nuclear weapons were the only weapons of mass destruction not yet prohibited in a comprehensive and universal manner. Biological weapons, chemical weapons, landmines and cluster munitions have all been previously banned and today, nuclear weapons joins this list of shame.

Farmer Sues Over Marin County's Forced Farming Mandate | Pacific Legal Foundation

Pacific Legal Foundation today challenged Marin County’s new forced-farming mandate that denies building permits to landowners in the coastal agricultural zone unless they agree to personally engage in farming or ranching.

For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man | HuffPost

Today in Texas, former prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife. When trying the case as a prosecutor, Anderson possessed evidence that may have cleared Morton, including statements from the crime’s only eyewitness that Morton wasn’t the culprit. Anderson sat on this evidence, and then watched Morton get convicted. While Morton remained in prison for the next 25 years, Anderson’s career flourished, and he eventually became a judge.

Could Roe v Wade be overturned and abortion outlawed in the US? | World news | The Guardian

Norma McCorvey is the real name of the woman known as “Jane Roe” in the landmark US supreme court case on abortion rights, Roe v Wade. The 1973 case established a right for US women to have abortions. McCorvey became the plaintiff after she met with two lawyers looking for a test case to challenge Texas’s abortion ban. That was in 1970. At the time, McCorvey was pregnant, unwed, unemployed and unable to obtain an abortion legally or otherwise.

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