The fourth doctrine of the rule of law province, all persons innate be given due process, that is, a fair present oneself to defend themselves against formal charges that they have violated the rules. The premise for this principle is the example that, the official body that hears and renders judgment on the charges may be biased against the defendant instead of impartial. The decision of the desegregate States self-governing Court to discontinue the counting of undervotes in the pronounce of Florida was not only a politically biased decision, it was in addition a decision that violated the rule of law. My line of business is ground on not so much the disagree tone of the minority, but of the concurring opinion of the majority of the Supreme Court. A political trial is one in which political considerations, not simply the law and the facts, affect the proceedings and verdict. any clement being has a certain develop of morals and beliefs that they utili se to be an important part of their character. This is no assorted for the adjudicate of the Supreme Court. They too have a set of morals and beliefs that they live by. The difference is that their rent out exposition says that they have to stumble decisions not ground on their morals and beliefs, but their decisions must(prenominal) be based on the rule of law.
It is limpid to me that umpteen of the judges on the Supreme Court, did not delineate their job description and instead of basing their decision of pubic tomentum cerebri vs. Gore on the rule of law, they based it on who they voted for. both cons ervative on that grace voted to stop the i! temize which in turn helped Bush win, and every liberal on the panel voted to continue the recount which would have given Gore a chance at winning. The concurring opinion of the majority seems to make it evident in some of the arguments they make that their opinion was based on politics and not on law. Much of the license they bring up only seems to contradict their decision much than support it. In Rehnquists opinion, with whom Scalia and Thomas...If you want to get a all-embracing essay, order it on our website: OrderCustomPaper.com
If you want to get a full essay, visit our page: write my paper
No comments:
Post a Comment