The Annals of the American Academy of Political and Social Science Volume 72-74

The Annals of the American Academy of Political and Social Science Volume 72-74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...accord with equitable concepts. It seems to me that this same disposition, in a different aspect, is manifest in the constitutional effort to perpetuate an intermediate Court of Appeal, once established and in operation, instead of leaving that to be one of the flexible incidents of an evolution from necessity. REVIEW 0F INTERLOCUTORY ORDERs Personally, I do not feel that I can too strongly urge that a large part of the necessity for an intermediate appeal would permanently disappear if it were recognized in state, as infederal practice, that an appeal from interlocutory orders, with certain narrow exceptions, is not a right and should not be accorded. JUDICIAL DEPARTMENTS Section 4 seems also to be open to the same sort of criticism as section 3. Why should the Constitution create judicial departments? Why should not that likewise be considered a part of the administrative business of the court, to be dictated by its experience of local convenience and necessity? THE APPOINTING POWER Section 5 seems to invite the inquiry why the governor should exercise any appointing power whatsoever; and whether it would not be more consistent with the fundamental justification for the election of a chief justice, that his selection should always rest with the electorate, that his duties in case of death or retirement be performed by a locum tenens designated from the other judges by the remaining members of the Board of Assignment and Control, and that the vacancy be filled at the next general election, occurring at least six weeks after the vacancy, or at a special election, if deemed proper, to be called for the purpose'? Why should not the chief justice, if elected to make an appointment, have the power of appointment, instead of the more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236833228
  • 9781236833228