According to the Oxford English Dictionary, Judicial Review is “the power of the court to adjudicate the constitutionality of the laws of the government or the acts of a government official.” This means that if something within The Constitution affects one of your rights as a citizen of Ireland, you have the power to take the Government to court. If one takes legal proceedings against the government, the judges of the High Court and Supreme Court will interpret and adjudicate upon the constitution to the best of their abilities. By doing so, the judges are empowered to either uphold or strike down an article from the legislation. Thus, as Supreme Court Judges, they are empowered and this indirectly gives them the power to make or influence law. This can be controversial. In theory, the legislature (The Dail) makes the laws and the government implements these laws. If the judges have the power to change these laws does that not in fact make them the law makers of this country? The Aim:
The aim of this assignment is to answer the question: Does Judicial Review undermine/enhance democracy? As previously stated, the Supreme Court Judges influence the laws of the government by interpreting The Constitution. On reading the relevant literature, it becomes clear that these powers could prove that Judicial Review is clouding the waters for the separation of powers in the country. The Objectives:
In order to answer the question: Does Judicial Review undermine/enhance democracy? , the following questions must be asked: 1. What powers do Supreme Court Judges possess?
2. Do the Supreme Court Judges have too much influence and power? By answering these questions, it may be possible to answer the main question that is: Does Judicial Review undermine/enhance democracy? The opinions and views expressed in the relevant literature will inform the reader in regard to these questions and at the end of this essay...