Jump to ContentJump to Main Navigation
The Law of American State Constitutions$
Users without a subscription are not able to see the full content.

Robert F. Williams

Print publication date: 2009

Print ISBN-13: 9780195343083

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195343083.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

The State Judicial Branch

The State Judicial Branch

The Law of American State Constitutions

Robert F. Williams

Oxford University Press

This chapter discusses the differences between the federal and state judiciary. Many state judges are elected through a variety of mechanisms. The workload of state supreme courts has evolved over the years from a private-law orientation to more constitutional law and public policy kinds of cases. In addition, state courts exercise a number of nonadjudicatory powers such as rulemaking on practice and procedure before the courts and regulation of lawyers. Some state courts have the authority to issue advisory opinions and answer certified questions, and some of them have asserted certain inherent powers such as to require adequate funding levels. State courts also retain the power to develop common law doctrine, as well as to resolve disputes among state and local government officials and agencies in ways that rarely involve the federal judiciary. State courts are also not bound by the rigid federal doctrines of standing, mootness, and ripeness.

Keywords:   state judiciary, rulemaking, advisory opinions, state judges, practice and procedure, regulating lawyers, inherent powers, certified questions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .