What is the autonomy of legal?
The theory of autonomous law holds that law is, to a very large extent, both complete in itself and independent from ordinary eco- nomic, social and political life. For this reason, legal rules can and should be “discovered,” understood, and applied without reference to immediate economic, social, or political needs. ‘
What is independence of the the bar?
Drawing from Jeremy Waldron’s work on the rule of law, it suggests that independence of the bar, when defined as the citizenry’s access to independent advocacy, advice and arguments from lawyers, is essential to accomplishment of the rule of law.
Does Mexico have judicial review?
In Mexico, the amparo proceeding or “juicio de amparo” is used to declare laws and acts of authority unconstitutional. In the United States, this principle is called “judicial review” and is frequently described as the power of judg- es to declare laws unconstitutional.
Does China have judicial review?
Courts in the PRC do not have a general power of judicial review which enables them to strike down legislation. However under the Administrative Procedure Law of the People’s Republic of China, they do have authority to invalidate specific acts of the government.
Why is the Mexican judiciary weak?
The new judicial reform in Mexico, despite its many virtues, includes a key weakness: the concentration of power in the top of the judicial pyramid that could undermine internal judicial independence, and lead to a loss of external judicial independence when the executive also controls the legislative power.
What is Mexico’s judicial system?
The Mexican Federal Judiciary is based on a three-tier system similar to the U.S. federal judiciary. The Supreme Court (Supreme Corte de Justicia de la Nacion) has final appellate jurisdiction over all state and federal courts. The circuit courts (Tribunales de Circuito) are the federal appellate courts.