Sunday, February 5, 2023

The Inherent Authority of a Court

This is a new one for me.

Its fits within our occasional look at the concept of "inherent powers," which can be defined as such: 

Inherent powers are powers of a branch of government not specifically listed in the constitution. They are powers given to a branch of government, like the executive branch, to perform the essential duties of government. They are not powers or rights that are available to private citizens or corporations, but rather are purely used for the government to perform its duties and function properly. However, beyond any powers inherent in the establishment of a branch of government, a political body governing a nation has inherent powers that allow it to tend to the wellbeing of its citizens. Inherent powers can be compared to the responsibilities of a caterer. Not every decision a caterer makes, like what ingredients to choose or what utensils to use, is going to require oversight and approval by a committee. Instead, the caterer does what they need to do to get the job done, choosing what ingredients and utensils they think are best for the job.


This includes the powers of court officials - namely judges - to make decisions that allow courts to perform its duties. 

Here's info: 

Inherent Powers of Federal Courts: Procedural Rules.
Inherent Powers Over Judicial Procedure.
Inherent Judicial Authority: A Study in Creative Ambiguity.
The Far Reach of the Courts' "Inherent Power" to Sanction Misconduct.