Judicial remedies

others for the case to be valid. Marshall’s creation of judicial review can be held to the same standard of three questions. First, is judicial review constitutionally acceptable? Second, if judicial review is acceptable, does the Judiciary Act violate the Constitution by Marshall’s reading? And third, if the two previous questions hold up, did Marshall even interpret the Constitution correctly. On the question of the constitutionality of judicial review, there is a relative grey area as the…

In this report for a non-governmental organization, Mclemore uses personal stories and examples from the USA to portray mandatory minimum sentencing as a lousy policy that should not be enacted in Canada. Mclemore highlights the negative aspects of such a policy that would take Canada in the wrong direction with its policy on crime. Her examples of these ‘tough on crime’ policies failing in the USA are especially convincing as it sheds light on the practice contributing negatively in past…

The Supreme Court, under Article 3 of the constitution, only had original jurisdiction over certain cases. It was after the prominent Marbury vs Madison case that they gave themselves the power of Judicial Review (Judicial Process, Page 415). Judicial Review is the power granted by the Supreme Court itself to review and overturn any acts of Congress, and to declare laws unconstitutional. This gives the Supreme Court a certain degree of power over states and Congress and also gives them the…

In the book Mighty Judgement, Philip Slayton talks about the Supreme Court of Canada as a government institution which needs reform on the premises that Supreme Court of Canada is powerful, paternalistic, competent, undemocratic, and secretive. Slayton begins with the question of whether judges make or interpret the law and whether they should be doing only one of those things. Also, he describes the historical past of the Supreme Court, and how the 1982 Charter of Rights and Freedoms affected…

more power than another. In our government, there is a hierarchy of power. Congress, the legislative branch, is the most powerful of the three, the president, executive branch, is next in the order of most powerful, finished by the Supreme Court, judicial branch. Their powers each lie in different areas and there is a great separation of power as the framers intended, however, there are some aspects in which these branches overlap and that is where the different amounts of power can be observed.…

U.S. Supreme Court Institutional Legitimacy It is rumored that in reaction to a ruling from the Supreme Court in 1832, President Andrew Jackson stated, “John Marshall has made his decision, now let him enforce it!” This quote highlights a problem with the Supreme Court in which it can neither create nor enforce legislation. Because it has ”no influence over either the sword or the purse,” the Court must rely on its institutional legitimacy to ensure its rulings are respected (Hamilton 1788).…

leveling charges of judicial activism to the courts, blaming that judges are exceeding their limits in rendering their decisions. Furthermore they accuse that the decisions made by the courts specifically referring to the Charter are inconsistent and unreasonable. The Supreme Court of Canada decisions on women’s liberty, abortion, minority rights, rights for accused of crime, rights of same sex marriage had challenged the parliamentary supremacy. Critics allege that judicial review is…

Although the power of judicial review is not explicitly mentioned in the Constitution, the Supreme Court had acquired it through landmark cases and the founding fathers original intent. The landmark case that gave them the power of judicial review is the case Marbury v. Madison. In this case, President John Adams appointed William Marbury to be a justice of the peace along with forty-one others days before his presidency expired. The commissions were not sent out before the end of his presidency…

First, mandatory minimums limit judicial discretion and constitute too general a punishment for similar offenses without consideration of the different circumstances surrounding each case. Evan Bernick, Assistant Director of the Center for Judicial Engagement at the Institute for Justice and former Visiting Legal Fellow at the Heritage Foundation, and Paul Larkin, Senior Legal Research Fellow…

The High Courts in Calcutta, Madras and Bombay were the most important. Appeals could lie from these three courts to the Judicial Committee of Privy Council in England. The first important inference to a Supreme Court was made in the Nehru Report. It recommended that this hierarchy of the courts shall be kept, but there should be an apex court, i.e., Supreme Court, with original…