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Judges Should not Be Granted the Liberty to Make Laws - Essay Example

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The author discusses a statement that judges should not be in the position of the deciding cases in such a way that they are seen to be making lawmaking law is the function of Parliament only. The author states that Judges should not be granted the liberty to make laws. …
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Judges Should not Be Granted the Liberty to Make Laws
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Download file to see previous pages The Legislature is the prime law-making body and it is called the Congress in the United States. It is divided into two houses---The Senate and the House of Representatives. The Congress passes bills and transforms them into acts and laws, approves or disproves of the appointments made by the President, it declares wars and also gives its consent on treaties.
The Executive branch is the one that ensures the execution of laws passed by the Legislature. In the United States, the President is the head of the Executive organ of the Government and performs numerous functions. The most important ones among those functions are, that he is the Commander-in-Chief, he makes appointments in association with the recommendations of the Legislature, he can veto bills and laws; besides ensuring the proper implementations and execution of laws.
The Judiciary is the body of the government that undertakes the job of administering justice and taking charge of the criminal and civil offenses in the country. In the United States, the Supreme Court is the apex court, which also serves as the highest court of appeal. The other federal courts exercise their functions in accordance with their position in the hierarchal set-up. The Judiciary also interprets laws for the country. In addition to this, it also performs the functions of Judicial Review, which means, it undertakes the task of declaring a bill/act or law unconstitutional if it goes against the Constitution of the United States.
The Constitution of the United States also has a system of Checks and Balances, wherein each organ of the Government is granted autonomy, as well as, responsibility. In other words, one organ of the government can check the other organ, in case it goes beyond its sphere of activity or conducts proceedings in a manner that is outside its power. ...Download file to see next pagesRead More
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