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Courts are independent Agrents of social Change - Essay Example

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In most cases, people come up with justice systems so that the vulnerable amongst the majority can be protected. This is normally the case in established democracies. By definition, the form of dispensation of justice in…
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Courts are independent Agrents of social Change
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Download file to see previous pages There are many sides of the argument when it comes to evaluating the importance of courts as justice institutions. For instance, in as much as they promote justice, equality, and the principles of social justice, there are occasional instances when the established institutions can be taken as being biased. The following discourse is going to delve into the position that the institutions play in social justice. In particular, the analysis seeks to identify whether the courts are systems that bring change as they are supposed to. As legal institutions, courts have been serving their purpose in established and just societies as the setups for offering justice. In addressing the topic under discussion, the paper takes the position that courts are free and independent platforms for introducing change.
In addressing the importance of courts in contemporary societies, the discussion is going to refer to the opinions of other authors. For instance, Rahl’s book on democracy is quite relevant in addressing the social justice system amongst humans (1993). In normal democratic systems like in the United States, the system of justice is organised into hierarchies. In the case of America, the ultimate decision when it comes to legal judgements or decisions lies with the Supreme Court. Rahl argues that the court is an institution that should be used to protect the interest of the minorities (1993). This is because the majority can be favoured by established institution policies. In the case of bringing change, courts have been used to protect the interest of the majority. However, this view is also arguable.
Change is normally brought through policy formulation. This is normally the jurisdiction of the legislature. However, courts act as legal advisers when it comes to having an interpretation of the constitution. Therefore, even in the interpretation of the constitution, the courts play a role in policy making. ...Download file to see next pagesRead More
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