Judicial Review : Functions And Objectives

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.

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

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

I. The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of cases each year. Numerous factors influence the actions of the court, both in deciding to hear a case and in the decisions it hands down.

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

The concept of Judicial Review is to review cases using the power of the courts over the actions of the executive and legislative branches to deem them invalid or unconstitutional. The Supreme Court has a unique position because of its broad commitment to the American People and its Constitution. The Court's principles on judicial review are that The Constitution is the supreme law of the country, they have ultimate authority on constitutional matters, and they must vote against any law that clashes with the constitution. One of the most significant cases that brought forth such convictions was the case of Marbury vs. Madison in 1803. Which was a case that brought many complications because when Jefferson ordered his Secretary of State James

Judicial Review is one of the court's most important powers and arguably the most powerful one that this branch or any branch has. This is a power that allows the supreme court to make legislative and executive actions subject to review and possible invalidation. The power of Judicial Review was earned in the Supreme Court Case Marbury v. Madison. In this case it was decided that James Madison’s decisions to prevent William Marbury from taking office as justice of the peace was unconstitutional, this has extended the power and now created what is known as judicial review. This has continued to affect laws and acts presently such as in the case of United States v. Nixon when Nixon was denied the powers of absolute executive privilege due to

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 ).

However, the only way a regular citizen is involved in the Federal judicial system is as jurors. This can take the form of either a grand jury or a trial (or petit) jury. On a grand jury, a panel of citizens hears evidence presented by a prosecutor and decides whether or not to indict a person accused of one or more crimes

The United States Federal system of government has 3 branches that each have different functions when it comes to governing the people within the country. The Legislative, Judicial and Executive branches of government are all powerful, just at different times and in different situations. Checks and Balances were created and implemented so that each branch cannot have too much power.

This essay will explore the changes that Article 263 TFEU has had to the accessibility of judicial review before the CJEU as well as assessing whether the reforms introduced were sufficient enough in improving a private parties ability to bring government decisions under scrutiny. In addition, the judgments of the Court in Inuit and Microban will be considered. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article.

The power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are not significantly different from the power to strike down Acts of Parliament, whereas section 4 does not.

Some judges in their obiter dicta have declared their inclination to disregard the Parliament’s legislative objectives, and therefore limit parliamentary sovereignty if the rule of law is vulnerable or if the circumstances demand “a principle established on a different hypothesis of constitutionalism” . They have also suggested that, while the British Constitution is dominated by parliamentary sovereignty, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based” . This represents a possibility of stretching the dominance of the rule of law in constitutional law so that it becomes more powerful than parliamentary sovereignty in the British Constitution .

In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.

Administrative Law (dealing with regulations) ‘is essentially judge made law’ and its outcomes are neither predictable nor its case law concise. Therefore while public law offers substantial protections against ‘arbitrary power’ of government it is not easily accessible to all. The courts have no power to strike down legislation (parliamentary law is supreme ) yet their power to strike down regulations is still only limited to acts ultra vires. The judiciary is an effective check on executive power (See Fitzgerald v Muldoon 1976) but its checks on the Legislature are lacking; ‘notorious’ parliamentary privilege show that the courts wish ‘not to adjudicate matters determined within the walls of the