Before the formation of the Dept. of Justice, the attorney general had represented the government in legal matters and given legal advice to the executive branch under the authority of the Judiciary Act of 1789, but there was no executive department to assist in carrying out the duties of the office. Because of the mounting responsibilities of the attorney general and because of the growing need for uniformity in the administration of law, a department was created. The act of 1870 also set up the office of solicitor general to represent the government in Supreme Court cases.
The Dept. of Justice comprises six specialized divisions (the Antitrust Division, the Civil Division, the Civil Rights Division, the Criminal Division, the Environment and Natural Resources Division, and the Tax Division). The Justice Dept. also includes the Federal Bureau of Investigation, the Bureau of Prisons, the United States Marshals Service (the nation's oldest federal law enforcement agency), the U.S. Central Bureau-International Criminal Police Organization, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Office of Justice Programs.
A dispute may be brought before the court by consent of the parties in the particular case or by virtue of an advance formal declaration of acceptance of the court's jurisdiction. States making such declarations, however, sometimes impose restrictive conditions on their acceptance. The United States excludes all disputes concerning domestic matters from the court's jurisdiction, reserving the right to determine what it regards as domestic. The court's competence between states is limited to disputes concerning the interpretation of treaties, questions of international law, breaches of international obligation, and reparations due. Concern has been expressed at the small number of cases nations have submitted to it. Major opinions of the court have ruled that the General Assembly may not admit a state to the United Nations if the application is vetoed by one of the permanent members of the Security Council; that the United Nations is to be considered as an international legal person; that special United Nations assessments, such as those for the Congo and Middle East operations, are regular expenses of the United Nations and are binding on all members; and that South Africa must withdraw from Namibia (accomplished with Namibia's independence in 1990).
See S. Rosenne, The Law and Practice of the International Court (2 vol. 1965); R. Falk, Reviving the World Court (1986); M. Dunne, The United States and the World Court, 1920-1935 (1989).
The court interprets EU treaties and legislation. Although it may attempt to reconcile differences between national and EU laws, ultimately its decisions overrule those of national courts; they have tended to expand the EU's domain. Increased litigation over the years led to the establishment (1988) of a lower court, the Court of First Instances; appeals to the Court of Justice are tightly restricted. International law cases involving nations outside the EU are heard by the World Court in The Hague; the European Court of Human Rights in Strasbourg, France, is recognized by the members of the Council of Europe and hears cases relating to the European Convention for the Protection of Human Rights and Personal Freedoms.
In Anglo-American legal systems, a local magistrate empowered chiefly to administer justice in minor cases. In the U.S., justices of the peace are elected or appointed and hear minor civil matters and petty criminal cases. They may also officiate at weddings, issue arrest warrants, deal with traffic offenses, and hold inquests.
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Presiding judicial officer within any multijudge court. It is the h1 of the highest judicial officer in any U.S. state, and of the leader of the U.S. Supreme Court. The U.S. chief justice, like the associate justices, is nominated by the president and confirmed by the Senate for a lifetime tenure. The chief justices of some state supreme courts are subject to popular election and mandatory retirement ages. Chief justices are normally responsible for the administration of their own court and the preparation of the judiciary's budget.
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Principal judicial body of the United Nations, located at The Hague. Its predecessor organization was the Permanent Court of International Justice, the judicial body of the League of Nations. Its first session was held in 1946. Its jurisdiction is limited to disputes between states willing to accept its authority on matters of international law. Its decisions are binding, but it has no enforcement power; appeals must be made to the UN Security Council. Its 15-member body of judges, each of whom serves a nine-year term, is elected by countries party to the court's founding statute. No two judges may come from the same country. Seealso European Court of Justice.
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Judicial branch of the European Union (EU), established in 1958 to ensure the observance of international agreements negotiated by predecessor organizations of the EU. Headquartered in Luxembourg, it reviews the legality of the acts of EU executive bodies and rules on cases of civil law between member states or private parties. It can invalidate the laws of EU members when they conflict with EU law. Its bench, which is appointed by member governments, consists of 25 judges and 8 advocates-general. Prior to 2004, the ECJ met as a full chamber for all cases, but it now may sit as a “grand chamber” of 11 judges. Seealso International Court of Justice.
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