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INDEPENDENT COUNSEL - THE INSTITUTION OF THE SPECIAL PROSECUTOR WITHIN THE POLITICAL AND LEGAL SYSTEMS OFN THE UNITED STATES OF AMERICA (Independent Counsel - urzad oskarzyciela specjalnego w systemie polityczno-prawnym Stanów Zjednoczonych)

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Laidler P.
Studia Polityczne (Political Studies)
|
2007
|
issue 20
159-180
EN
The Watergate scandal not only shook American public opinion, but it also caused a great many changes at the highest echelons of power in the United States. One of the most significant consequences was Congress' creation of the Ethics in Government Act of 1978, on the strength of which the Office of the Special Prosecutor, later to become known as the Independent Counsel, was brought into being, having responsibility for conducting investigations in cases where the law is violated by high-ranking representatives of the executive branch of Government. Over a period of twenty years, the Office of the Special Prosecutor was repeatedly brought in to carry out investigations into politicians from the administrations of Ronald Reagan, George Bush and Bill Clinton. Nonetheless, in 1999 Congress decided against extending the licence on the basis of which the Office of the Special Prosecutor was able to operate. The article is an attempt at a comprehensive analysis of the theoretical and practical aspects of this institution within the American system of government. Through the arguments for and against the necessity for the Office of the Special Prosecutor to exist, the author endeavours to: - uncover the true motives for introducing the regulations of the Ethics in Government Act; - demonstrate the possible shortcomings within the Office's organisational structure and jurisdiction; - evaluate the usefulness of the institution of the Special Prosecutor within the political and legal systems of the United States of America; - predict the Office's future fate in the first years of the 21st century.
2

Friends of The Court or Friends of Their Own Interests: Amicus Curiae as a Lobbying Tool of Groups of Interest in the U.S. Supreme Court's Decision-Making Process

100%
Laidler P.
Ad Americam
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2010
|
vol. 11
63-77
EN
Most of the contemporary researchers focus on the lobbying issues in the United States with regard to the executive or the legislative. However, there is another important institution in the American government, which, from time to time, becomes the subject to political and social pressures: the U.S. Supreme Court. Since the very beginning of American history, the Supreme Court has played an important role in shaping basic social, political and economic relations in the country. This role was derived from the power of judicial review, i.e. the ability of the Court to check constitutionality of legal acts created by other branches of government (the executive and the legislative) which really meant direct interpretation of the federal Constitution. It led to numerous decisions concerning different aspects of everyday life, such as the scope of protection of civil rights or the powers of the federal and state governments. Today, the Justices of the Court are among the most prominent and influential actors of American political and legal stage, thus becoming an attractive object for various lobby groups. The best way to influence the work of the Court, apart from not being the party of a dispute, is to sign a document appearing as a third party to the dispute, so-called 'friend of the court', in Latin: amicus curiae. Amicus curiae brief is the best way to assist the Justices in their decision-making process. The paper aims at analyzing the most important decisions made by the Justices of the Supreme Court since the 1950s, which have been indirectly or directly influenced by significant amicus curiae briefs, often prepared by various lobbying groups aiming at achieving a concrete legal result.
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