Controls On Judicial Conduct
The fundamental debate that Hamilton and his Anti-Federalist rival "Brutus" addressed was over the degree of independence to be granted to federal judges, and the level of accountability to be imposed upon them. In England, a judge can be removed from office "upon the address of both Houses of Parliament." Moreover, as the Act of Settlement 1701 was a mere law, the judicial independence it provided could be abrogated wholesale by an act of Parliament. Similarly, English judges were beholden to Parliament, in the sense that their judgments can be overturned by that body. Brutus took the position that the Constitution should adopt the English system in toto (with minor modifications); Hamilton defended the present system.
Read more about this topic: Federalist No. 78
Famous quotes containing the words controls on, controls, judicial and/or conduct:
“The confusion of emotions with behavior causes no end of unnecessary trouble to both adults and children. Behavior can be commanded; emotions can’t. An adult can put controls on a child’s behavior—at least part of the time—but how do you put controls on what a child feels? An adult can impose controls on his own behavior—if he’s grown up—but how does he order what he feels?”
—Leontine Young (20th century)
“If the Party could thrust its hand into the past and say of this or that event, it never happened—that, surely, was more terrifying than mere torture and death. ... “Who controls the past,” ran the Party slogan,”controls the future: who controls the present controls the past.””
—George Orwell (1903–1950)
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (1805–1859)
“... so far from entrenching human conduct within the gentle barriers of peace and love, religion has ever been, and now is, the deepest source of contentions, wars, persecutions for conscience sake, angry words, angry feelings, backbitings, slanders, suspicions, false judgments, evil interpretations, unwise, unjust, injurious, inconsistent actions.”
—Frances Wright (1795–1852)