2009•Journal of Nanchang UniversityRequires access

On the Contradiction between Independence and Political Quality of American Judiciary

Jie Zhang

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Abstract

Judiciary is an important power in the separation of powers system of America.It functions as an assistant prevention measure.According to American constitution,judiciary shoud keep its independence and political neutrality.In fact,judiciary in this system can't get rid of all political influence.In the conflicts between judicial power and other powers,judiciary represents its political quality to some extent.There is a close relationship between the philosophy way that the courts choose to make their decisions and the political philosophy which plays a key role in American society.As long as this system exists,the disscussion over the independence and political quality of judiciary will not come to an end.

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What this paper is about

Judiciary is an important power in the separation of powers system of America.It functions as an assistant prevention measure.According to American constitution,judiciary shoud keep its independence and political neutrality.In fact,judiciary in this system can't get rid of all political influence.In the conflicts between judicial power and other powers,judiciary represents its political quality to some extent.There is a close relationship between the philosophy way that the courts choose to make their decisions and the political philosophy which plays a key role in American society.As long as this system exists,the disscussion over the independence and political quality of judiciary will not come to an end.

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Available abstract

Judiciary is an important power in the separation of powers system of America.It functions as an assistant prevention measure.According to American constitution,judiciary shoud keep its independence and political neutrality.In fact,judiciary in this system can't get rid of all political influence.In the conflicts between judicial power and other powers,judiciary represents its political quality to some extent.There is a close relationship between the philosophy way that the courts choose to make their decisions and the political philosophy which plays a key role in American society.As long as this system exists,the disscussion over the independence and political quality of judiciary will not come to an end.

Key concepts: Politics, Contradiction, Constitution, Independence (probability theory), Neutrality, Judicial independence, Law, Separation of powers

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