he main topic in the media was Elian Gonzalez. It
became even bigger when this case did not go to the family court.
The Cousins, who lived in Miami, should have obtained an "Order for Privacy," this means that there are no names released and the press had to stay out. The
press influenced the intensity of the case, and that is why it became such a big issue.
2. The family court never handled the Elian Case because the Parliament got
Involved. Originally this case should have gone through the family court, because it
deals with matrimonial actions, such as guardianship of minors. (Martin, 1992)
3. In Law there is a separation of Powers, which means:
"The doctrine that the liberty of the individual is secure only if the three primary functions of the state (legislative, executive, and judicial) are exercised by distinct and independent organs. In fact, however, while the judiciary is largely independent, the legislature and the executive depend on one another and their members overlap. The doctrine had a great influence over the form adopted for the constitution of the USA and many other countries". (Martin, 1992)
In this case the main issue is between the court and the parliament.
The court: does not make legislation and they interpret the law that is made by the parliament. The judges are not politicians; they only practice the law. The separation of the power should stop biases from parliament towards the judges. (Martin, 1992)
The Parliament: The functions of Parliament are the enactment of legislation, the sanctioning of taxation and public expenditure, and the scrutiny and criticism of government policy and administration. The Parliament overrules the court. (Martin, 1992)
This relates to the Elian Case. When the Parliament (Politics) gets involved the court loses its power. When Castro interfered with this case, and later the U.S. Governm
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