Judicial Law-Making

The federal government, as you know, is made up of 3 branches. The three branches of government are legislative, executive, and judicial. According to page 197 in the history textbook it states, " Our national's judicial power resides in 'one Supreme Court' " this is known as the judicial branch. What the judicial branch does, the political significance of the judicial branch, and the relations with other branches are all important things to know about the judicial branch. The judicial branch is crucial to our government because it can declares actions of legislature unconstitutional.

With the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of the case of Dr. Bonham’s Case, Coke found that the London College of Physicians had no right to levy fines against anyone who violated their rules. He would later go on to state that, “no person should be a judge in his own case” (Fletcher 12). The act was revolutionary at the time as it set the notion of that an official body of government was needed to give fair governess to the people. The idea would pop up once in a while in events such as the Constitutional Convention where records that were kept by the textbook University of Chicago Law Review saw that “13 out of the 15 delegates made statements that were in support of the idea of judicial review” (Prakash 123). The interesting part about the quote is that it states that the idea of judicial review was in place in America many years before the actually case of Marbury v. Madison. Even in the Federalist Papers No. 78 which was published in May 28, 1788, by Alexander Hamilton, went into lengthy discussion about judicial review. In

The political cartoon analyzes the branches of government using football as a metaphor to show checks and balances that limit the power of the government. Furthermore, checks and balances work for the U.S. government because powers are delegated to each branch and the checks allow for equity among the branches. In the cartoon, the legislative branch and the executive branch are playing against each other while the judicial branch is the referee. In document one, Congress has the power to write laws, but the president can veto the bills that Congress proposes. Thus, the powers balance out the branches’ powers, which keeps them in a tight line of what they are allowed to do. Also, the President appoints judges, but Congress can reject them. They

Together with, the Constitution of the United States likewise designed a strong government by establishing a national court system. This helped the government become more secure by having equal justice under law for every citizen including the president. In the document Powers of the Federal it presents the judicial powers and the supreme court. It states, “this branch interprets and ruled the actions of the other branches” (Document 2). This shows that the judicial branch has the ability to run each case according to the law it violated, without the influence of outside factors. Founding a national court system preserved and interpreted the law. Also, this demonstrates that having a court system help the government by equivalent laws enforce

It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is

Americans depend a great deal on entertainment to educate them about life. In several ways Americans live vicariously through the actors and actresses on television and believe themselves to learn many things from those actors and actresses. For example, many people have said they learned medical techniques by watching medical shows on television or believe they would know what to do in a medical emergency because they have seen it done on television. The same goes for Americans’ knowledge about Court hearings and the judicial system. Many things are done on television by actors playing lawyers or judges that are done just for the purpose of entertainment. “Reality-based” Court shows such as Judge Judy, People’s Court

There are three different branches in the government. In these six different scenarios that were given in this prompt. The legislative branch represents the Congress. The congress is led by the House of Representatives and the Senate. What these two figures in this branch do is make the laws of the state. They have the power to pass laws, agree on treaties, and originate on spending bills. In the Executive Branch, it is represented by the president. In this branch the President has the power to propose laws, is in charge of the military, and has the right to veto laws. Last but not least the Judicial Branch, is represented by Federal Judges. They are appointed by the president and confirmed by the senate. In other words the Judicial Branch enforces the laws and makes sure people are following them as they should be (Branch, no date ).

Our judicial branch is essential in the function of our current government and to make valid the constitutional rights of every citizen. In additional, the judicial branch has is established to make sure there is balance of power within the executive and the legislative branches. With this in mind and being a citizen of this country is important to know that the head of the judicial branch is a person that is well prepared and educated to make a rightful a judgement always. Correspondingly, is important to learn who the current Justices of the Supreme Court are and what are their qualifications. Recently, due to a given school assignment I was able to read more and learn more about our current Chief Justice of the United States and the Associate

There are oblivious things in life that restrict us, they are called rules. Nobody prefers to play a game by the guidelines, but there are reasons for them to exist. The purpose is to maintain the fairness of the game. And for that reason, we have professionals like, umpires, referees, and justices who help to maintain the integrity of these procedures. Nobody pays to watch the umpire in a ballgame, but they are needed to enforce the rules. Similarly, a justice is needed to aid a nation comply by the rules. Comparably, Chief Justice John Roberts (Roberts) of the United States Supreme Court is an outstanding example of that. In this article, the author explains why Roberts makes decisions the way that he does even though they are considered constraints by many. The decisions made by justices should be unbiased and non- sympathetic to a particular political party or else the political system will suffer.

Laws are the foundation of our society, they keep citizens safe and preserve our individual freedoms. Before a law is enacted it must start out as a bill. Each bill has an extensive process it must go through to become a law of the United States of America. This process of approval ensures that those three different parts of government agree on the bill before it becomes a law. In order to become law, a bill needs to be approved by the House of Representatives, the Senate, and the President of the United States. The law-making process, or Legislative process, can be broken into two basic steps, proposition and approval. These steps are the traditional and basic steps. As time went on, these steps have been altered and changed. A bill

Critical legal studies comes under the umbrella term of critical legal theory along with such groups as feminists and Marxist theorists. An influence can be seen from American Legal Realism in some areas of critical legal studies. The scholars who work under this term have no general approach or theory but instead consider a variety of critiques including those of indeterminacy and contradiction. They tend to see the law as consisting of many contradictions which they believes supports a status quo of some people being left disadvantaged by the law whilst others gain a disadvantage. They believe due to this inequality that there needs to be a social change to improve the system. Indeterminacy appears to be able to be split up into several smaller critical categories and it is this critique which shall be dealt with first.

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence

The judges in the lower courts are bound to follow previous decision of the higher courts. It is an essential component of the common law as it is important of adequate law reporting. It is a decision of the court used as a source for future decision-making.