In order for this checks and balances to be put in practice, the judicial branch must have some important role as surveillance. This applies to the fact that judicial review can stop the legislative branch from exceeding its power. Not only the legislative branch but also, the executive branch is under the judicial watch. The court can also claim unconstitutional to the executive acts that are judged oppressive. It is their job to declare void acts by other branches violating the Constitution.
The passage above also discusses one court case. Who were the parties involved in the case? Johnson v. State 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.
Judicial review – the power of a court to determine the constitutionality of laws 45. Principle of check and balances – keeps one branch of government from dominating the actions of one another. 46. Amendments – a change in, or addition to, a constitution or law. 47.
Judicial review was established through judicial interpretation in court case Marbury v. Madison. The Supreme Court justices interpreted that the Constitution gives them to right to review laws for constitutionality. Another informal method is incorporation of traditions, precedent and practice. Although not enumerated in the Constitution, a traditional practice may be widely used because of widely acceptance. Political faction is one example of amending the Constitution informally.
It is through laws that policies of government are laid down for implementation. It does however have many constitutional roles to fulfil such as the power of the purse, oversight, foreign policy and legislation. It can be argues that Congress does fulfil its constitutional roles as it may deliver effective over sighting, legislation, money bills, representation and foreign policy that may provide good checks and balances. However, most would argue that Congress may not carry its roles effectively thus leading to poor scrutiny (sometimes over scrutinising) which leads to ineffective fulfilment of constitutional roles. The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government.
Understanding our legal system through the different roles given to our Federal courts and State courts. There are three equal branches of government: executive branch, legislative branch and the judicial branch. Federal and state courts are part of the judicial branch of government. It is the job of the judicial branch to apply and interpret the law and mediate any issues that occur under them. Neither branch federal nor state can oversee functions reserved for the other branches.
Common Law Judge-made law’ requires judge to use their discretion in making judgment, when no appropriate statute exists It then sets precedent for other cases Constitutional Separation of Powers The Separation of Powers means that power is distributed between the three arms of the government, that is, the legislature, the executive and the judiciary Legislature: Arm of government responsible for passing Acts of Parliament Executive: Arm of government responsible for putting laws passed by the legislature into effect. Judiciary: Arm of government responsible for apply law to individual cases. The court structure (role of the local court, district court, Supreme Court, court of criminal appeal and high court in relation to criminal cases) Role of local court Lower Court • To hear and decide cases that involve summary offences (Example: DUI) • To conduct committal hearings that involve cases where a person has been charged with an indictable offence o Magistrate decides whether there is a prima facie (reasonable) case, if not charges may be dropped Role of District
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
They review what occurred in the trial court to make sure that the proper law was applied and that the proceedings were fair. Each side presents a written argument to the appellate court in a document called a "brief." The arguments made in briefs vary. However, common grounds for an appeal include claims that the trial was conducted unfairly or that the trial judge incorrectly applied the applicable law. a party may claim that the law that was applied violates the United State constitutions.
Government can be divided into three branches: executive (executing law), legislative (making law), and judicial (interpreting law). While the executive branch decides what actions the government will take, it can only act within the bounds of the law, which are determined by the legislative branch. When conflict arises over whether the law has been broken, the matter is settled by the judicial branch. Historically, the three branches of government were intermingled. Today, the United States features separation of powers (in which all three branches are separate), while the United Kingdom and other parliamentary governments feature fusion of powers (in which the judicial branch is separate, but the executive and legislative branches are combined).