What are the theoretical bases of inherent-powers doctrine?

bases Doctrine theoretical
0
Posted

What are the theoretical bases of inherent-powers doctrine?

0

There are two primary theoretical bases for inherent judicial powers: the separation-of-powers doctrine and the power inherent in a court because of its sheer existence.Under the separation-of-powers doctrine, the judiciary has a responsibility as a branch of government to perform its adjudicative functions effectively and efficiently. Inherent powers enable the judiciary to accomplish its constitutionally mandated functions and permit it to acquire the necessary support and resources for performing these functions. Similarly, the judiciary has the power necessary to protect its independence from encroachments within the adjudicative domain by the executive and legislative branches. Finally, judges have a limited ability, in the interest of justice, to seek control over matters that extend beyond the judicial process.The second theoretical basis relates to the first but is somewhat broader and more fundamental because the inherent powers are perceived as ones derived from a court’s exi

Related Questions