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Logical Argument: Use any of the topics in the Order Instructions - Essay Example

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The role of the judiciary, as conservatives would argue, and as it has traditionally been perceived even among elites, is in the interpretation of the constitution and other sources of law. This is based on the doctrine of separation of power among arms of the government, the…
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Logical Argument: Use any of the topics in the Order Instructions
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Logical Argument: Use any of the topics in the Order Instructions

Download file to see previous pages... he arms of the government to assume the duty of another will undermine the primary doctrine of separation of power, a move that can compromise the aim of separating the powers of the government to control arbitrary authority by one arm. Assuming the role of changing existing laws by the judiciary through developing judicial precedents and declaring laws null and void due to ultra ‘viresness’ is therefore a controversial issues for either opinions (Antoine, p. 119- 126).
While the conservatives may criticize the extension of the roles of the judiciary to change the existing laws, this role is arguably legal and provided for in the constitution through administrative laws and has a number of advantages. It for example facilitates checks on the legislative role of the parliament by reviewing the made laws for conformity with existing laws and rules of natural justice. It also allows for correction of laws made by parliament out of selfish ambitions at the expense of public interest. Parliament also often lack legal expertise and requires the judiciary to validate legality of its decisions in amendments. The argument that judges have the authority to add to the meaning of the constitution through the process of interpreting it in federal courts may therefore be justified (Antoine, p. 119- ...Download file to see next pagesRead More
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