courts as legislators essays

courts as legislators essays The purpose of this paper is to show that although not originally intended to, some our modern day courts in the United States have in essence become legislators. I will give a brief overview of the history of courts and site some cases where the decisions handed down or the opinions of the court have set precedent in the way the law is understood and enforced. As long as man has been on this earth there have been conflicts or disputes that needed to be resolved by a third party. By definition, a court is a.) a place where legal justice is administered b.) a judicial tribunal duly constituted for the hearing and determination of cases. The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic resolution of disputes based on established customs and rules of conduct. Courts have been set up to hear disputes between two or more parties. In medieval European history a Curiae was a court, or group of persons, who attended to a ruler at any given time for disputes of social, political or judicial purposes were resolved. It's composition and functions varied considerably from time to time and from country to country during a period when executive, legislative and judicial functions were not as distinct as they were later to become. The ruler and the curia made al l policy and decisions either great or small and if the ruler was a powerful one, were as active as a modern day court of law. The curia of England underwent an evolution from the medieval curiae. It was known as Curia Regis, which was introduced at the time of the Norman Conquest (1066) and lasted until the end of the 13th century. The Curia Regis was the start that the higher courts of law, the Privy Council and the Cabinet, evolved from. About the same time, the Curia undertook financial duties. The members were called "justices" and in the king's absence presided over the court. In 1178,...

Free Essays on Media Analysis

. The article seemed to express the notion that it was the US that led all these charges against Iran. While in all three articles they talked about how the US was the one who initially got the ball rolling, The London paper was the only one who stopped there. The Boston Globe article along with the Billings Gazette talked about reactions of other governments from around the world. The Globe article discussed statements made by Foreign Secretary Jack Straw of Britain, Foreign Minister Joschka Fischer from Berlin, Iranian President Mohammad Khatami, and IAEA chief Mohammed Elbarade... Free Essays on Media Analysis Free Essays on Media Analysis Media Analysis and Report This report is about the current agreement Iran has made with the UN’s International Atomic Energy Agency (IAEA). The basic compromise was that Iran would suspend uranium enrichment and allow UN inspectors unrestricted access to its nuclear facilities. Iran is saying that their nuclear program is strictly a peaceful program designed to produce power for its people. Many nations including the US believe that the program is just a disguise for their nuclear weapons program. The US government has led the action to try to get Iran to stop nuclear production but it took three European foreign ministers who visited Tehran and pressed the demands laid out by the UN’s IAEA for Iran to agree to cooperate. I picked three somewhat different newspaper articles on the same subject to try to explain the different viewpoints from different agency’s and different countries. The Billings Gazette’s (Billings, MT) article was titled Iran will suspend uranium enrichment, allow spot checks of its nuclear program. The other US based newspaper I used was The Boston Globe and the name of that article is Pressed, Iran offers nuclear concession. The last article I will be referencing is Iran agrees to checks on nuclear program from the London Free Press. Out of all of the articles the one from London is by far the shortest at 261 words. The article seemed to express the notion that it was the US that led all these charges against Iran. While in all three articles they talked about how the US was the one who initially got the ball rolling, The London paper was the only one who stopped there. The Boston Globe article along with the Billings Gazette talked about reactions of other governments from around the world. The Globe article discussed statements made by Foreign Secretary Jack Straw of Britain, Foreign Minister Joschka Fischer from Berlin, Iranian President Mohammad Khatami, and IAEA chief Mohammed Elbarade...