Identify the selection process of the federal judiciary. Explain the role of the federal judiciary in lawmaking. Should the judiciary be active or passive in interpreting the law Why - Research Paper Example

Download file to see previous pages... This is followed by the nomination of the candidates and the list is forwarded to the senate judiciary committee for scrutinization. The members of the committee send all the nominees questionnaires before they come for hearings. After which, the committee makes its recommendations for approval by the senate through voting. The list of the best judges is given to the president for approval and they become judges (Posner, p. 13).
The competence of the judiciary is evident in law making. It distributes legislative power between national and state governments by defining the policies and bills brought forward by the lawmaking bodies such as the national assembly. Therefore, jurisdictional power to rule and oversee the respect of the constitution is the main role of the judiciary in law making.
The judiciary must be active in interpreting the law since it is the only independent body with the mandate. Given that the constitution is complex to interpret, the judiciary stands in as the only body that can interpret the laws to the citizens. That is why it must remain relevant and active in policy making and interpretation of the ...Download file to see next pagesRead More