Every civilized nation seeks to have a system of government where various functions are dealt by proper authorities and there is no conflict among the institutions of the state. United States represents a model for modern civilized world and the same is true with its system of…
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"The supreme court does not have the power to execute its decisions and interpretations. how then, does the supreme court obtain compliance with its interpretations of the constitution"
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Extract of sample The supreme court does not have the power to execute its decisions and interpretations. how then, does the supreme court obtain compliance with its interpretations of the constitution
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We will also seek to understand the challenges with regard to such compliance.
In United States (US), federal government is divided into three separate branches i.e. The Legislative branch governed under Article 1 of the Constitution, The Executive Branch governed under Article 2 of the Constitution and The Judicial Branch governed under Article 3 of the Constitution. As per Article 3, The Judicial Branch is headed by US Supreme court. Supreme Court has original jurisdiction in certain cases i.e. Issues involving Ambassadors, treaties by federal government and issues where two or more states are parties. Every state has its own Supreme Court as well and cases related to a particular state are dealt in the respective state’s Supreme Court. However, the US Supreme Court works as appellate court for such cases if there is a federal issue involved.
Separation of power leads to the concept of check and balance. In US all the three branches of state not only facilitate each other in completing the desired goals under the constitution but also ensure check and balance over each other. Supreme Court does not derive its force through administrative means. The decisions of court are enforced through other branches of the system i.e. legislative and executive. So the compliance of court decisions is a matter of supremacy of Constitution. The Constitution safeguards balance among organs of state where one organ does not interfere with the rights and powers of other. On the other hand, the system of check and balance provides the court with powers to interpret constitution. The most important of them is Judicial Review. Political Backing and Continued nature of service of Supreme Court Judges also help the Court to enforce its writ.
Judicial review is a process through which executive and legislative decision can be questioned by the judiciary and if they are found against the supreme law of the
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Different approaches to the interpretation of this amendment either closely link these two clauses together or take them as separate and independent from each other. There are three various approaches to the interpretation of the Amendment are known as the Warrant Approach, the Reasonableness Approach and the Special Needs Doctrine, all of which are presented, defined and illustrated by various cases decided by the US Supreme Court at one time or another.
McCloskeys’ thesis is that the decisions of the United States Supreme Court lean congruently with popular American opinion. Some historians have put forth the administrative argument that Chief Justice John Marshall was the first Chief Justice of the United States Supreme Court, albeit belies the historical facts.
The defense argued that this was a suggestive situation, and, therefore, would promote unreliable identification. The prosecution maintained that the spontaneous meeting increased reliability, saying the issue should be decided by the jury. The trial judge suppressed the witness identification, and a mistrial was also granted.
The death penalty takes their young lives and forever changes them, without the opportunity to be rehabilitated by competent sociological or psychological professionals. However, when the case is similar to the one in the article, the
Despite the fact that many of these decisions are little known to the general public and do not cause its special interest, some of them are really outstanding in terms of the impact they had on the development of America. Its decision in the case of Marbury v.
The experience of this era showed how judicial review and judicial independence were based on public opinion. The Liberty clause created a problem to Hamilton’s vision because the public had liberty to give their opinions to
The American government is divided into various arms which perform different functions. The arms include the judiciary, legislature and the executive. Every branch of the government has distinctive functions which they perform independent of the other branches. To achieve this each has their specific roles which they perform as led by their leaders.
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