Judicial Originality And The Legal System

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

Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. “The ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves”. Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. “Outcomes should not be influenced by considerations of political or financial consequences”. Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not

Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide.

The establishment of one of the most influential powers of the Supreme Court--the power of judicial review-- and the development of the judicial branch can be attributed to Marshall’s insightful interpretation of the Constitution ("The Marshall Court”).

He concludes that a written constitution is created with the purpose of being the fundamental, most important law of a state. So all other laws are inferior and thus every law that is not in accordance with the constitution must be abolished. The Supreme Court of the United States can declare that certain legislative acts are not in line with their Constitution, these acts are then deemed unconstitutional and they do not have to be followed, this is called judicial

It's truly amazing how different daily lives could be with out the American governments judicial system. During the 1846-1950's time period everything was segregated and split by the mere color of your skin. No matter wet here you are African American, Hispanic, White, or any other color you should be treated with the same amount of respect as anyone else.The Supreme Court has made many decisions over the years that have effected everyday lives: "Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. The board of education.

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

In the case of Marbury v. Madison, William Marbury tried to sue James Madison for blocking delivery of his commission. Marbury has the right to his pay but the Court weren’t able to force Madison to pay him. Chief Justice John Marshall wondered who had the final authority to determine the meaning of the Constitution. After this case, the principle of judicial review promoted by the Supreme Court and established the idea that the Supreme Court had the last word on the question of the constitutionality. In his decision,

The book “Judicial Tyranny The New Kings of America?” is a compilation of articles and speeches. It is compiled by Mark Sutherland and includes writings from famed Christian personality James C. Dobson Chief Justice Roy Moore, Ambassador Alan Keyes, U.s Attorney General Ed Meese, among others. The book is a call to political action. It is aimed at Christian readers and the writers all argue that Christian politics equals constitutional purism. It is specifically meant to invoke constitutional responses and activism. Each chapter, twenty in all, are a few pages long and systematically decry the current judicial system and explain the lack of constitutional basis for their current level of power.

Alexander Hamilton's definiton of the Supreme Court's power of judicial review was argued in Federalist No. 78.

while at the same time not talk over the reader’s head or bore them to death with legal writing. Mr. Forsythe has collected original research that has exposed new pieces of evidences about important problems dealing with the legal reasoning choices and the pieces of evidences mentioned in the people’s majority opinions.

Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."

This essay is compiled to review and apply Ronald Dworkin (Dworkin) theory and how his theory was incorporated to assist in constructing laws. In light of Dworkin’s theory, significant areas such as moral principles, legal principles, rights and rules will be explore to understand the influence that these attributes had, in essence of creating laws.