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Associate Justices’ Political Balance

Posted on:2016-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y W FuFull Text:PDF
GTID:2296330461458776Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the paper, I will base on experience of O’connor as an Associate Justice of the Supreme Court(1981-2006), combining attitude model and relevant statistics established by Spies, to know the conditions of the judge, and strategies adopted by vote for a joint or separation, aim to show the differences of judge ideological that have significant effect on the judge’s ruling.In the paper, besides the introduction and conclusion, the text has four parts.In the introduction I make a brief outline of the current research at home and abroad. No matter step into the Federal Supreme Court, or view it far away, we’ll get the same conclusion: the Federal Supreme Court is a political institutions, every sentence made by the judges of the Supreme Court is a consequence of political balance, and all of them has affected the society of the United States deeply.The first part focuses on the analysis of justice the role played by the president and the Senate in the process of the judge selection. The United States is a country that has a common law legal systems, which means the judge has great power of judgment and exercise of rights must be accompanied by different ideologies. This part tries to prove from the angle of the president and the Senate that ideological tendency is the foundation of servicing in the Supreme Court. In fact, it is ideological tendency that help them enter into the Supreme Court.The second part aims to analyze the factors of restricting in the case of the Supreme Court. These factors include not only the general procedure that should have the conditions, such as the case of right of appeal, court jurisdiction, also includes unique certification procedure in the Supreme Court. What kind of case most can cause the justice favor? This problem itself implies the justice’s personal preference. This part aims to reveal case standard the justices choose, and show the justices have to compromise in the case, as the purpose of maintaining or overthrow.The third part mainly interpret the performance of ideology in decision making as a justice. This part analyzes, caused American social intense discussion, series of abortion cases as the starting point. The results of the vote of abortion, from the historical factors and the subsequent decision mean the position held by the judge. The part aim to get rid of irrelevant factors to reveal dominant factors that effect the justice decisions, In addition, this part shows the great influence of partisan in process of judgment.The fourth part mainly discusses the distribution of opinion and political strategy in the alliance. This section from the views of distribution and subsequent to study the judge’s political preferences and alliance strategy. These strategies not only can earn more cases from the same camp, also Can help judge with opinions to explain the policy position. Therefore, this paper will demonstrate itself and decision-making process separately.Finally, this paper believes that the judges are full of ideology from the office to the result announced in the process of judgment. This kind of process may even evolve into a political balance and strategy. Therefore, the decision of the Supreme Court not only reflects the different understanding of the constitution among the justice, but also reflects the collision between different ideologies.
Keywords/Search Tags:Justice of the Supreme Court, Ideology, Political Balance, Abortion
PDF Full Text Request
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