Judiciary

1. Define judicial review. Briefly explain who holds this power and how this power was established. What was Chief Justice Marshall’s argument in favor of this doctrine? - Judicial review is the power that the judiciary has to review laws passed by the states, or government regulations that could possibly conflict with the US Constitution. The Supreme Court has the original, and final right, to determine if any states’ law conflict with the Constitution. The Supreme Court also has the right to review governmental policies, and legislation. This Supreme Court’s judicial review was set into precedent by the Marbury v. Madison case, in which controversy over a “writ of mandamus” cause the court to establish its right to review under Article…

Charles de Montesquieu was the first to demonstrate the separation of powers in his work L’Esprit des Lois (the Spirit of the Laws) in 1748, he introduced the theory of the separation of powers as a baseline principle (Bondy, 1896). Legal power is separated between those who make laws, those who apply the laws and those who adjudicate on matters of compliance of law. The Judiciary also ensures that the laws are consistent with the powers given to the legislature or executive in accordance with…

The Comparison between Montesquieu and John Locke Theory In the theory of separation of John Locke, the state power is divided to three state institutions, namely the executive agencies (regulators and law), the legislative (follow the rules and laws), and federative institutions (running diplomatic function with the countries other). Whereas, in the theory of separation of powers Montesquieu, state power is divided to three institutions, namely the executive agencies (regulators and law), the…

by the president, but must also be approved by the senate with at least 51 votes. There is also the other Federal Courts. These courts are lower in power that were not created by the constitution. Beside all this glory of having the highest court in the country this branch comes with very few abilities to check on the other two branches. Regarding this the Judicial branch is able to declare the executive actions unconstitutional. For example in December 2014 a federal court in Pennsylvania…

manner implanted adjusted administration into the Constitution. They didn 't require any branch of government to have the ability to get an overabundance of power. Thus, they gave each branch ways to deal with interfere in the others ' powers. This infers the distinctive branches need to associate with some degree. This is particularly substantial for the managerial and authority branches. 3. I assume that in the long run these branches can coordinate, and work for everyone at some point. The…

with revenue and taxation would begin in the lower house. Once a compromise had been achieved, debate continued on just how population was to be counted. With the finished product, the Philadelphia delegates made sweeping reforms to the U.S. Constitution but also a strong distinction between democracy and republicanism (Roark, 2009 p. 275). Fearing the whims of an uneducated democracy, they penned a system of checks and balances in place between the three branches of government. A strong…

The principle that the legislature, the executive and the judiciary should as far as possible remain functionally separate. Legislature has the legislative power which is the power to make law which in Australia lies with Federal Parliament and various State and Territory Parliaments. The law made by a parliament is called legislation, a statute, or an Act of Parliament. Executive power is the power to administer the law. It is exercised by the executive, which in Australia consists of a Prime…

There is an important constitutional convention that says ministers should not openly criticise judges. Judges have the power to check Executive action so if they faced the idea of being criticised publically they perhaps would act as the Executive wanted them to instead of being impartial. Because ministers can’t criticise their decisions, the judiciary can effectively restrain them. John McGrath explained why conventions, such as this, are necessary when he said “Conventions ensure that the…

Marbury v. Madison, the case had surfaced after the election of 1800 between Jefferson and Adams. Jefferson and his Democratic-Republicans had won and taken over the two houses of Congress, and the Federalists that had been defeated then tried to load the judiciary with party members that were loyal. In 1803, the court had used its power of the judicial review in thousands of cases. The Supreme Court on the other hand had a original and appellate jurisdiction. Most of their cases, came…

I agree with alexanders Hamilton’s statement that the “Judiciary is the weakest branch of government." Because it does not have the power to act only to judge. Despite the choice of the judiciary branch the executive branch has the choice to carry the judgments or decisions out. In addition, whereas the constitution clearly defines the powers of the other branches it fails to define the judicial power placing the discretion to determent how the judiciary branch works in the hands of congress. A…