Abstract
The paper reviews the ethical advantages and disadvantages of the practice of electing justices to the Supreme Court of Virginia, or of any American state. The paper considers the argument most commonly put forward by opponents of elected judiciaries but maintains that this argument is not as strong as its supporters might wish. The paper also looks at the ethical benefits to be found in having mandatory retirement ages imposed upon all presiding justices.

From the Paper
"The distinguished career of Harry L. Carrico immediately brings to the forefront the issue of what ethical advantages may be found in having a mandatory retirement age in place for justices. Because Justice Carrico and his colleagues have all been elected to the Supreme Court of Virginia (after having been nominated by the Governor, of course) it may be said that their tenure is characterized by a democratic strain that is not to be found in other western democracies (such as Canada) where jurists are selected to appellate courts (most notably the Supreme Court of Canada) and do not have to go through the rigorous process of winning confirmation in both houses of a bicameral legislature. While the American (and Virginian) model may strike some foreigners as dangerously permissive (placing as it does great power in an elected body to determine the composition of a court when such a state of affairs can easily lead to politics being injected into the proceedings) it does have many advantages."

Tags:jurists, democracies, confirmation, justices, arbitrary, appointments

Abstract
This paper argues that the court should in fact have accepted the case for review and then considers how the court may be seen to have acquitted itself in the decision that it made. The argument here is thus not about who should have won the election, not about who was the better man for the job or even about whether the Electoral College should be scrapped . Rather, this paper looks at the more limited topic of the role of the American judiciary and how that role may have been changed by the court's decision in this case.

From the paper:

"There are a number of sets of related issues that most be considered in assessing how the court performed. One of these, which we shall get to momentarily, is that of the legal soundness of the decision itself. This is actually in some ways not as important as it might seem that it should be because while it is certainly arguable that this was a bad decision (even if one likes the result one might still argue this). Courts, after all, make bad decisions all the time. This is why the practice of law is an iterative one: Good future decisions can compensate for bad past ones."

Tags:court, judiciary, generations, george, w, Bush, all, Gore, constitutional, law, defense, public, activism.separation, powers

Abstract
This paper discusses how judges can no longer render independent decisions when they are forced to campaign for their positions. This paper explains how the integrity of the justice system becomes weakened when the candidates are forced to beg for money from contributors. Once elected these contributors expect that the candidate will then hand out favors in the form of favorable decisions. The paper emphasizes that it is against electing judges.

From the Paper
"It is important that current system of electing judges remain intact because the courts system is the one body within the government that is independent of Congress and the President. Currently, there has been a movement by the Republican party to remove those judges perceived to be activist judges, as these judicial officers' decision seems to go against the grain of conservative thought. According to one article, "The conservative crusade against activist judges has been even more effective on the state level, where elective judges who voted in ways displeasing to Republicans have been denied re-election by organized electoral campaigns"(Schwartz, "Opposing Viewpoints")".

Tags:election, judicial, law

Abstract
This paper explains that, in a democracy, when so few people turn out for an election, it denies legitimacy to the government that is elected and often results in a government that is not answerable to the people because that government was only elected by a small percentage of the people. The author points out three main reasons for the small voter local election: the United Kingdom's use of the First Past the Post system for local elections; the age of the voters; and the proximity of the voters to the polling places. The paper relates that most European nations now use a proportional system for national and local elections, making the United Kingdom's use of the First Past the Post system for local elections somewhat of a relic.

From the Paper
"However, there is still a third variable which must be considered in this problem. The vicinity of the voters to the polling places has been found to have a bearing on how many people participate in the local elections. In areas in which residents live less than five minutes away from the polling place for a local election, voter turnout has been found to be very high, almost sixty-five percent in some cases. However, in areas in which voters lived more than five minutes away from their polling places, voter turnout dropped astoundingly to around thirty-five percent. This indicates that voters want convenience in their polling places, probably because people today lead such busy lives that it is difficult for them to take much time out of their day to go and vote in a local election."

Tags:legitimacy, first-past-the-post, age, location, proportional

Abstract
This paper discusses the problems that are created during election year politics and how they are often blamed for the demise of entire presidential agendas; even cherished economic policies. The paper explains the election cycle and then explains the executive and legislative branches of government. Finally, the paper discusses the power of the elected official.

Table of Contents:
Introduction
Election Cycle
Executive v. Legislative Branches
Elected Officials
Conclusion

From the Paper
"The entire political apparatus in the U.S. is fairly tainted by special interest and lobby groups that have co-opted the political process for their benefit and gain. While the average citizen has seen his influence and vote become extremely minimized over the past 20 years or so, the influence of institutional forces and private enterprise has blossomed into clear policy forces. While the President may stump for votes in on Main Street during an election cycle, he spends most of his administrative efforts furthering the interests of Wall Street and Park Avenue which is where his party's largest political donors reside. Until this situation is resolved, the average individual will continue to have his or her political voice eroded."

Tags:executive, legislative, government, president

Abstract
The paper relates that the predominant influence upon American law is that of English law. The paper discusses England's balance of power between the king and a democratically elected legislature, the establishment of an independent judiciary, state and federal taxation, trial by jury and the Magna Carta. The paper also looks at the influence of common law on America and at the impact of civil law, which predominated in France and mainly influenced Louisiana. Finally, the paper shows how civil law and English law are heavily influenced by Roman law.

From the Paper
"America was originally a British colony, so it should come as little surprise that the predominant influence upon American law is that of English law, with its system of Parliament and divided governance. England's balance of power between the king and a democratically elected legislature obviously influenced the Founding Fathers, as did Great Britain's early establishment of an independent judiciary. State and federal taxation has its roots in British law's taxation of various independent provinces. William the Conqueror as early as 1066 created a Domesday Survey, that recorded the amount and value of property held by all persons in England "for the purpose of assessing taxes against the owners" (English law, 2008, Law Library)."

Tags:legislature, king, judiciary, jury, taxation, Magna, Carta

Abstract
This paper explains that a pressure group, sometimes referred to as an interest group, is a set of individuals organized for the purpose of influencing public policy; a subset of pressure groups is the political action committee created for the main purpose of receiving donations, from corporations, trade unions and other similar sources, to candidates aspiring to Federal office because, in the U.S., candidates cannot receive these donations directly. The author points out that there are two main types of pressure groups: (1) The private interest group, which unusually represents a particular economic, social or ethnic section of society promoting certain aspects of interest such as manufacturers, and (2) the cause groups with select issues or ideology such as the environment. The paper relates that pressure groups have three significant access points from where they can attempt to influence the decisions made by the Federal government: The Congress, the bureaucracy and officials that make up the executive and, in a small way, the judiciary.

Table of Contents
Introduction
Nature of Pressure Groups in the United States of America
Main Activities of Pressure Groups
Impact of Political Action Group Committees on the U.S. Elections
Conclusion

From the Paper
"The presidential elections of 2004 were to large extent influenced by the political action committees and the areas of influence were to be seen in voter turnout, endorsements of the candidates and contributions to the campaigns. The underlying evaluation of the role that the political action committees play in any election is to have a general appreciation of the relationship between money and interests and federal regulations. Political Action Committees and their roles were clearly defined in the early 1970's by the Federal Election Campaign Acts. These regulations came after some very long and torturous legislative battles. The campaign finance laws are at the moment regulated by the Bipartisan Campaign Reform Act -- BCRA of 2002. Current day analysis of political action committees does question the undue influence that some of these political action committees have and their new tactics that involve direct campaigns and group representation."

Tags:influence, law, election, cause, private

Abstract
The paper relates that the best working definition of a republic is a government where the governing bodies are elected by the people. The paper explains that republics usually have an elected executive and legislature, a judiciary, and a respect for defined individual rights.

From the Paper
"The best working definition of a republic is a government where the governing bodies are elected by the people. Republics usually have an elected executive and legislature, a judiciary, and a respect for defined individual rights (Lewis n.d, paras 1,3-7). James Madison, in Federalist Paper Number 39, wrote that a republic is a "government which derives all its powers directly from the great body of the people, and is administered by people holding their offices during...""

Tags:republic, democracy, pluralism

Abstract
This paper analysis and explains the Notwithstanding Clause as a mechanism that makes the Charter better suited to a Canada of different political heritage. In 1982, the paper notes, the Constitution and Charter meant a shift to American democracy as values the judiciary ahead of Parliament; opposite the Canadian system's British system to place greater weight on Parliament and elected representatives to voice the People's wishes. Section D33 lets Parliament or the provincial legislatures oppose law ventured by the Supreme Court. Examples are given and with reference to the concept of a Charter that must reflect people's sentiment -- most Canadians did not venture to change the constitution in 1980-1982 and some blocs were actively opposed.

From the Paper
"Section 33 of the Canadian Charter of Rights and Freedoms, part of the Constitution, permits Parliament or the provincial legislatures to over-ride some portions of the Charter, more or less, according to mention of those rights that have been over-ridden and with a limit of five years, so that legislation of the kind is automatically subject to an incoming government's review or cancellation. For instance, Canada's anti-terrorism legislation introduced after the September 11, 2001 terrorist attacks in the United States, as definitely infringed upon fundamental rights of ..."

Tags:government, Parliament, provincial, Supreme

Abstract
This paper describes how laws in Canada are formulated. According to the paper, this is by a duly elected group of people, referred to as the legislature. The role of the Supreme Court in adjudicating contentious cases is also discussed. The paper concludes by pointing out that there are times when the judiciary impinges upon justice policy making in Canada, which the paper states is a good thing.

From the Paper
"The laws in Canada are formulated by a duly elected group of people, referred to as the legislature. The role of the Supreme Court is to adjudicate in contentious cases where people are alleged to have broken one of these laws. However, there are times when the judiciary impinges upon justice policy making in Canada. As will be discussed in this essay, this is usually a good thing. Due to the provisions of the Canadian Charter of Rights and Freedoms, the..."

Tags:justice, policy, canada