NCJ Number
19709
Date Published
1973
Length
26 pages
Annotation
CASE LAW IS CITED THAT PPLIES TO THE 'INHERENT POWERS' DOCTRINE WHICH IS BEING INVOKED WITH MORE FREQUENCY TO PRESERVE THE JUDICIARY'S INDEPENDENCE AGAINST THE THREAT OF BUDGETARY STARVATION.
Abstract
INHERENT POWERS CONSIST OF ALL POWERS REASONABLY REQUIRED TO ENABLE A COURT TO PERFORM EFFICIENTLY ITS JUDICIAL FUNCTIONS, TO PROTECT ITS DIGNITY, INDEPENDENCE AND INTEGRITY, AND TO MAKE ITS LAWFUL ACTIONS EFFECTIVE. THESE POWERS ARE INHERENT IN THE SENSE THAT THEY EXIST BECAUSE THE COURT EXISTS; THE COURT IS, THEREFORE IT HAS THE POWERS REASONABLY REQUIRED TO ACT AS AN EFFICIENT COURT. INHERENT JUDICIAL POWERS DERIVE NOT FROM LEGISLATIVE GRANT OR SPECIFIC CONSTITUTIONAL PROVISION, BUT FROM THE FACT IT IS A COURT WHICH HAS BEEN CREATED, AND TO BE A COURT REQUIRES CERTAIN INCIDENTAL POWERS IN THE NATURE OF THINGS. AREAS GIVEN SPECIAL TREATMENT INCLUDE THE FOLLOWING: THE THEORETICAL BASIS FOR THE DOCTRINE; ITS APPLICABILITY TO BOTH APPELLATE AND TRIAL COURTS; FORMS OF ACTION THAT THE COURT MAY TAKE; THE SCOPE OF THE POWER; THE NEGATIVE ASPECT OF INHERENT POWER; AND RESTRICTIONS ON THE DOCTRINE. (AUTHOR ABSTRACT)