ROLE AND FUNCTIONS OF LAW PAPER
ROLE AND FUNCTIONS OF LAW PAPER
APRIL 20, 2015
ETH/321
PROFESSOR STACY MEALEY
In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. The term “judiciary is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a “bench”), as well as the staffs who keep the system running smoothly. In 1803, Marbury vs Madison case reviewed in the Supreme Court confirmed the legal principle of judicial review demonstrating the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional in the new nation. Judicial review is the power of the courts to review statutes and governmental actions to determine whether they conform us to rules and principles laid down by the constitutions. Judicial review is also based on the idea that a constitution, which dictates the nature, functions and limits of a government is the supreme law. Accordingly, any actions by a government that violate the principles of its constitution are invalid. In the U.S the most important exercise of judicial review is by the Supreme Court. The court has used its power to invalidate hundreds of federal, state, and local laws that it found to conflict with the constitution of the U.S. The Supreme Court has also used judicial review to order federal, state, and local officials to refrain from behaving unconstitutionally. In all cases the power of judicial review does not belong exclusively to the Supreme Court. In appropriate cases every court in the U.S. may strike down laws that violate the Constitution. The power of judicial review is essential to the practical system of check and balances, a system established by the U.S constitution in 1789. Without the courts possessing the power of judicial review, the political system would be vastly different. Also without
APRIL 20, 2015
ETH/321
PROFESSOR STACY MEALEY
In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. The term “judiciary is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a “bench”), as well as the staffs who keep the system running smoothly. In 1803, Marbury vs Madison case reviewed in the Supreme Court confirmed the legal principle of judicial review demonstrating the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional in the new nation. Judicial review is the power of the courts to review statutes and governmental actions to determine whether they conform us to rules and principles laid down by the constitutions. Judicial review is also based on the idea that a constitution, which dictates the nature, functions and limits of a government is the supreme law. Accordingly, any actions by a government that violate the principles of its constitution are invalid. In the U.S the most important exercise of judicial review is by the Supreme Court. The court has used its power to invalidate hundreds of federal, state, and local laws that it found to conflict with the constitution of the U.S. The Supreme Court has also used judicial review to order federal, state, and local officials to refrain from behaving unconstitutionally. In all cases the power of judicial review does not belong exclusively to the Supreme Court. In appropriate cases every court in the U.S. may strike down laws that violate the Constitution. The power of judicial review is essential to the practical system of check and balances, a system established by the U.S constitution in 1789. Without the courts possessing the power of judicial review, the political system would be vastly different. Also without
References: Sean P Melvin, (Copyright 2011 McGraw-Hill) Chapter 2: Business and the Constitution The Legal Environment of Business. A Managerial Approach: Theory to Practice. Lehavi, Amnon, (2011). Judicial review of judicial lawmaking. Minnesota Law Review (Issue 2) pp. 520