Nobody downloaded yet

The Power of Judicial - Essay Example

Comments (0) Cite this document
This paper tackles the power of judicial review presumably granted to the U.S. Supreme Court to see all laws passed in the nation complied with the U.S. Constitution based on its own interpretation.This power serves as a check-and-balance to prevent the government from abusing its powers…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.8% of users find it useful
The Power of Judicial
Read TextPreview

Extract of sample "The Power of Judicial"

Download file to see previous pages Judicial review refers to the authority of a court (the Supreme Court or its lower courts) to examine either an executive or legislative act whether it is lawful (constitutional) or not; if not, then the court declares such act as illegal and invalidates the said act as having no legal effect. It is a well-established legal doctrine by practice but it has not been adequately settled as an issue. There are two prevailing opinions on the supposed power of judicial review by the Supreme Court. The first view is that no such explicit powers had been granted or contemplated by the Founding Fathers since nowhere in the Constitution was such powers of judicial review clearly stipulated. The second and opposing view is that the Founding Fathers had intended to grant such powers of review but may have inadvertently omitted it by oversight or by mistake only. Opponents of judicial review cite Section II, Article III of the Constitution as not saying a power to review had been granted since what this section contains is merely a mention of judicial power (but not judicial review powers) while its advocates cite legal precedence in this regard. It had been decided when this issue came up in Marbury v. Madison (1803) when the U.S. Supreme Court for the very first time declared an act of Congress as unconstitutional. This act is declared illegal, hence this implies the power of judicial review by the Supreme Court. However, advocates of judicial review most often cite the article by Alexander Hamilton in the Federalist (Paper No. 78) as the ultimate guide whether the Founding Fathers intended for a judicial review.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The Power of Judicial Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
The Power of Judicial Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from
(The Power of Judicial Essay Example | Topics and Well Written Essays - 1000 Words)
The Power of Judicial Essay Example | Topics and Well Written Essays - 1000 Words.
“The Power of Judicial Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Power of Judicial

The power given to judges by judicial review actions and the Human Rights Act 1998 is unreasonable. - Analyse this statement

...?Judicial Review The courts are empowered to rescind the acts of the executive, and this is termed judicial review. The latter is also employed to annul legislative power that does not comply with a superior standard. The judiciary in England monitors the manner in which public power is exercised, through the device of judicial review. It is fundamentally a procedure of the English administrative law. An individual who believes that public power has been exercised in an unlawful manner can approach the Administrative Court, in order to request the latter to conduct a judicial review.1 On verifying the contention of the petitioner, if the court is convinced of its veracity, then the latter can annul the unlawful act. Under certain... ...
9 Pages(2250 words)Essay

Judicial Restraint and Judicial Activism

...Judicial Activism Judicial activism and judicial restraint are two terms which are bandied about on both sides of the spectrum. Conservatives decry judicial activism. They state that judges should not make law, only interpret the law. However, this is hypocrisy, because conservatives do not seem to mind activism when it comes to issues that they believe in. For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and...
4 Pages(1000 words)Essay

Judicial Review is possible to discern a pattern where as the Queen of Hearts (later rhetorically referred to as "nothing-but a pack of Cards" by Alice) is equivalent to the Modern Executive with its unfettered discretion to use and abuse its powers, lock up and detain people at its own will, apply legislation in an oppressive manner and the list goes on. Who will then protect the ordinary citizen from suffering from the wrath of the angry Queen of Hearts and give them a chance to have their cases reconsidered and to achieve procedural and substantive justice Our saviour is of course the remedy of Judicial Review which has become more of an eye sore to the Executive in the yester decades as the Judiciary continues...
10 Pages(2500 words)Essay

Judicial Precedents

...Judicial Precedents The great term 'precedent' could be seen in terms of established Court decisions. Judges need to try cases based on earlier decisions. As a matter of judicial practice, judges in lower courts need to observe the established precedents set by higher courts, and this establishes the hierarchy of decision-making. (Doctrine of Judicial Precedent & its Hierarchy of Court Essay 2002-2008). Hierarchy of Courts: If equal or higher Courts have set a precedent, except in exceptional circumstances, it may need to be observed, especially so when basic nature and fundamental character of cases remain the same. The Supreme Court rulings need to be observed by lower courts and are...
5 Pages(1250 words)Essay

Judicial Precedent

...Judicial precedent: Judicial precedent an be defined a decision by court that is used to make decisions in the future, in any case a judge will set out facts of the case then state the law applicable and finally make decision regarding the case. It can also be defined as a system which provides principles for making decisions on case with similar facts and issue. These decision made by judges can be used for future judgment on similar case. However such judgment can only be binding to future decision if the case was based on facts and established law whereby later judgment are based on legal reasoning. Judicial precedent is important in that it helps in the development of new law. It has...
3 Pages(750 words)Essay

Hamiltons Views on Judicial Power

...Hamilton's Views on Judicial Power This essay attempt to circumscribe the power of the court to act fromthe vantage point of Alexander Hamilton as expressed in The Federalist Paper No. 78, which states, inter alia: Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them. (Hamilton, Federalist) The statement follows the fundamental American concept of government directly influenced by the French...
3 Pages(750 words)Essay

2. the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter is justiciable, that is to say if it is a matter on which the courts can adjudicate, the exercise of the power is subject

...Judicial review of the legality of acts of the executive represents the central method by which courts control exercise of governmental power; which in turn operates as a central underlying facet of the separation of powers principle propounded as a fundamental constitutional principle1. Moreover, the principle of separation of powers assumes that certain functions should be carried out by different institutions with neither impinging the other’s authority2. As Montesquieu argued; “All would be lost if the same man or the same ruling body……were to exercise these powers.3” Furthermore, Lord Acton commented that “Power tends to corrupt and absolute power corrupts absolutely4”. Accordingly, the preservation of separation of powers... is...
6 Pages(1500 words)Essay

Who has more power, Executivce, Judicial or Legislative branch

...and it can impeach judges. The judiciary can undertake a judicial review over the actions of the executive and legislature. In addition, one organ of the government can intrude into the area that has been demarcated as that of the other organs. This is possible in instances that have been explicitly provided for or that are incidental to the powers conferred (Separation of Powers: Constitutional Plan and Practice). In practice, considerable strife persists between the daily functioning of these three organs of government. There is a continuous effort by every organ to prevail over the other organs, and the executive is most active in such endeavors. Executive power in...
3 Pages(750 words)Term Paper

Judicial restraint and judicial activism

...Judicial Restraint and Judicial Activism The doctrine of judicial activism is based on the belief that the federal judiciary is supposed to take an active function by utilizing its powers to examine the activities of the state legislatures, administrative agencies, and the Congress (this is in the case where the aforementioned government bodies go beyond their authority). The Supreme Court acted in an activist manner in the period between 1953 and 1969, and this is in an era when Chief Justice Earl Warren headed the Court. The Warren Court instigated the civil rights onward by suggesting that the laws allowing racial segregation were in violation of the equal protection clause (Bardes, Schmidt, and Shelley 459). On the other hand... , the...
1 Pages(250 words)Essay

Critically evaluate to what extent this statement is true giving consideration to judicial power as well as the effect of European Union (EU) law and the law of the European Convention on Human Rights (ECHR)

... This paper is an analysis on the extent in which the Parliamentary Sovereignty in the United Kingdom gives parliament the power to make and unmake any laws in the country (Dicey, 1902). In meeting up the objectives of this paper, this paper would try to analyze some of the factors that are challenging the concept of parliamentary sovereignty in United Kingdom. This includes the judicial powers, which are normally exercised through judicial reviews and the various laws relating to the European Convention of Human Rights (Watts & Pilkington, 2005... (Fenwick & Phillipson, 2003), The devolution of legislative authority, to the Welsh Assembly, and to the Scottish Parliament. The enactment of the 1998 Human Rights Act. The decision...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Power of Judicial for FREE!

Contact Us