Latest news with #separationOfPowers
The Herald
a day ago
- Politics
- The Herald
Ramaphosa to make judiciary fully independent of justice department
Ramaphosa said the dependence of the judiciary on the government has been odd. 'A joint committee is now in action to finalise this whole process of the independence of the judiciary. It has been an anomaly of our constitutional architecture that we've had parliament as an independent institution in our constitution fully and properly recognised, and the executive — but the judiciary has on an unfair basis had to depend on government on a variety of matters from getting approval on the appointment of people and not even being in complete control of their own budget,' said Ramaphosa. 'This comes to an end now. The judiciary will be independent. We will ensure the judiciary is rightly constituted as an equal branch of the state, same level as the executive and the legislature.' At the meeting with the senior leaders of the judiciary led by the chief justice earlier this month, Ramaphosa and minister of justice Mmamoloko Kubayi committed to ensuring the independence of the state. 'Within the principle of the separation of powers, each arm of the state has a responsibility to co-operate with, and provide support to, the other arms of the state in giving full effect to our constitution. It requires, in particular, that we create conditions in which each arm of the state can fulfil their respective mandates without hindrance,' said Ramaphosa at the time. 'It is an opportunity to develop common approaches on issues that are critical to the effective functioning of the judiciary. At the core of our deliberations is our shared commitment to safeguarding and entrenching the independence of the judiciary and ensuring that it has the space and means to administer justice.' Presidency spokesperson Vincent Magwenya said as much as the judiciary has always been independent, some aspects including its finances have been under the department. 'It's always been independent but on some administrative aspects they were dependent on the department. So those administrative areas will now be fully managed by the judiciary as they should be,' he said. TimesLIVE
CBS News
4 days ago
- Politics
- CBS News
Wisconsin Supreme Court strikes down GOP law weakening attorney general's power
A unanimous Wisconsin Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago. The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain lawsuits was unconstitutional. The law is a separation of powers violation, the court said. The Republican-controlled Legislature convened a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents. The laws signed by Republican Gov. Scott Walker on his way out the door weakened powers of both offices. At issue in the case decided Tuesday was the attorney general's power to settle lawsuits involving environmental and consumer protection cases as well as cases involving the governor's office and executive branch. The new law required the Legislature's budget committee, which is controlled by Republicans, to sign off on those settlements. The Wisconsin Supreme Court in 2020, when controlled by conservatives, upheld all of the lame duck laws and ruled they did not violate the separation of powers principle. But the ruling left the door open to future challenges on how the laws are applied. Kaul sued that year, arguing that having to seek approval for those lawsuit settlements violates the separation of powers between the legislative and executive branches. The Legislature argued that lawmakers have an interest in overseeing the settlement of lawsuits and that the court's earlier ruling saying there was no separation of powers violation should stand. Dane County Circuit Judge Susan Crawford, who won election to the state Supreme Court in April and will be joining the court in August, ruled in favor of Kaul in 2022 saying the law was unconstitutional. A state appeals court overturned her ruling December, saying there was no separation of powers violation because both the executive and legislative branches of government share the powers in question. The Supreme Court on Tuesday said the Legislature cannot "assume for itself the power to execute a law it wrote." There is no constitutional justification for requiring the Legislature's budget committee to sign off on court settlements at issue in the case, Justice Brian Hagedorn wrote for the court. Kaul praised the ruling, saying in a statement that the decision "finally puts an end to the legislature's unconstitutional involvement in the resolution of key categories of cases." Republican legislative leaders who defended the law had no immediate comment Tuesday. The win for Kaul comes as Evers has been unsuccessful in overturning numerous law changes affecting the power of the governor. He's proposed undoing the laws in all four state budgets he's proposed and courts have upheld the laws when challenged.
CBS News
4 days ago
- Politics
- CBS News
Wisconsin Supreme Court strikes down Republican law weakening attorney general's power
A unanimous Wisconsin Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago. The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain lawsuits was unconstitutional. The law is a separation of powers violation, the court said. The Republican-controlled Legislature convened a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents. The laws signed by Republican Gov. Scott Walker on his way out the door weakened powers of both offices. At issue in the case decided Tuesday was the attorney general's power to settle lawsuits involving environmental and consumer protection cases as well as cases involving the governor's office and executive branch. The new law required the Legislature's budget committee, which is controlled by Republicans, to sign off on those settlements. The Wisconsin Supreme Court in 2020, when controlled by conservatives, upheld all of the lame duck laws and ruled they did not violate the separation of powers principle. But the ruling left the door open to future challenges on how the laws are applied. Kaul sued that year, arguing that having to seek approval for those lawsuit settlements violates the separation of powers between the legislative and executive branches. The Legislature argued that lawmakers have an interest in overseeing the settlement of lawsuits and that the court's earlier ruling saying there was no separation of powers violation should stand. Dane County Circuit Judge Susan Crawford, who won election to the state Supreme Court in April and will be joining the court in August, ruled in favor of Kaul in 2022 saying the law was unconstitutional. A state appeals court overturned her ruling December, saying there was no separation of powers violation because both the executive and legislative branches of government share the powers in question. The Supreme Court on Tuesday said the Legislature cannot "assume for itself the power to execute a law it wrote." There is no constitutional justification for requiring the Legislature's budget committee to sign off on court settlements at issue in the case, Justice Brian Hagedorn wrote for the court. Kaul praised the ruling, saying in a statement that the decision "finally puts an end to the legislature's unconstitutional involvement in the resolution of key categories of cases." Republican legislative leaders who defended the law had no immediate comment Tuesday. The win for Kaul comes as Evers has been unsuccessful in overturning numerous law changes affecting the power of the governor. He's proposed undoing the laws in all four state budgets he's proposed and courts have upheld the laws when challenged.
Washington Post
4 days ago
- Politics
- Washington Post
Wisconsin Supreme Court strikes down GOP law weakening attorney general's power
MADISON, Wis. — A unanimous Wisconsin Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago. The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain lawsuits was unconstitutional. The law is a separation of powers violation, the court said.
Yahoo
4 days ago
- Politics
- Yahoo
Wisconsin Supreme Court strikes down GOP law weakening attorney general's power
MADISON, Wis. (AP) — A unanimous Wisconsin's Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago. The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain civil lawsuits was unconstitutional. The law is a separation of powers violation, the court said. The Republican-controlled Legislature convened a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents. The laws signed by Republican Gov. Scott Walker on his way out the door weakened powers of both offices. At issue in the case decided Tuesday was the attorney general's power to settle civil lawsuits involving environmental and consumer protection cases as well as cases involving the governor's office and executive branch. The new law required the Legislature's budget committee, which is controlled by Republicans, to sign off on those settlements. The Wisconsin Supreme Court in 2020, when controlled by conservatives, upheld all of the lame duck laws and ruled they did not violate the separation of powers principle. But the ruling left the door open to future challenges on how the laws are applied. Kaul sued that year, arguing that having to seek approval for those lawsuit settlements violates the separation of powers between the legislative and executive branches. The Legislature argued that lawmakers have an interest in overseeing the settlement of lawsuits and that the court's earlier ruling saying there was no separation of powers violation should stand. Dane County Circuit Judge Susan Crawford, who won election to the state Supreme Court in April and will be joining the court in August, ruled in favor of Kaul in 2022 saying the law was unconstitutional. A state appeals court overturned her ruling December, saying there was no separation of powers violation because both the executive and legislative branches of government share the powers in question. The Supreme Court on Tuesday said the Legislature can not 'assume for itself the power to execute a law it wrote.' There is no constitutional justification for requiring the Legislature's budget committee to sign off on court settlements at issue in the case, Justice Brian Hagedorn wrote for the court. Kaul and Republican legislative leaders who defended the law had no immediate comment Tuesday on the ruling.
