Sovereignty is used to describe the idea of the power of law making unrestricted by any legal limit, Parliamentary sovereignty is part of the uncodified constitution of the United Kingdom. It dictates that Parliament can make or unmake any laws as it is the ultimate legal authority in the UK. Parliament is still sovereign as it can make law on any matter and it has legislative supremacy. However parliamentary sovereignty can be questioned due to the membership of the European Union and the Human Rights Act. Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power.
Their power, which appears to be seemingly limitless, is derived from Article III of the United States Constitution, which basically states that judicial power is given to one Supreme Court that is established by Congress (Separation of Powers, 2009). There has been much speculation questioning that a Supreme Court Justice may have powers higher than that of the President of the United States? The foundation for the decisions that they make has to be derived from their sometimes-unqualified interpretation of the Constitution and its Amendments. Levin (2005) makes mention to the fact that it would seem most of the Supreme Court Justices in the past were relying on anything but the Constitution to guide their decision making
The majority of new laws or changes to existing laws come from government but the can also come from MP’s, Lords or even a member of the public. E.g. ‘Sarah’s Law’. Both the House of Commons and House of Lords must debate and vote on the proposals. 2.
This power certainly erodes the idea of ‘first among equals’. However, it must be noted that cabinet could have taken this decision as a whole, though it is unlikely. Further the Prime Minister decides the policy of the cabinet and thus the government, the party and the country. Such power, is argues, is too much for one person to comprehend and bear. The Prime Minister as the leader of his political party is subject to the parties support and his ability to whip his majority in the House of Commons to pass his policies and legislation into law.
The Executive Branch, which includes the president, is in charge of enforcing laws, the Legislative Branch controls making laws, and the Judicial Branch is a system of courts that interpret the laws created and enforced by the other branches. Hamilton stated as opposed to the Executive and Legislative branches of government, “...[The Judicial Branch] has no influence over the sword or the purse;” (Federalist #78) Because the Executive branch has the power to enforce law and the Legislative branch has the power to declare war and make laws, Hamilton argues that the Judicial branch is the least dangerous. Although I believe the Judicial branch has many positive aspects, I agree with Hamilton’s argument
McDonald on the grounds of the basis of diversity removed the case to Federal District Court, and argued that under the Petition Clause of the First Amendment "the right of the people . . . to petition the Government for a redress of grievances" provided him with immunity against liability. Ruling: Ultimately the court ruled in favor of Smith (8-0) and it was decided by the Federal District Court that although McDonald was within the general protection of the Petition Clause it does not grant him absolute immunity.
Judicial Review is the power of a court to determine the constitutionality of a governmental action. In easier terms, this advantage gives the Judicial Branch the opportunity to prove ANY law unconstitutional, and choose which laws can pass or fail. Just recently in 1998, the Supreme Courts determined that the line-item veto is unconstitutional, ruling that Congress did not have the authority to hand power to the president. This checked the Executive power and left the former president, Clinton, knowing that once a bill becomes a law, his sole power is to carry it out. One of the main benefits to the Judicial Branch is the power to interpret laws.
Assemblies which are also known as parliaments or legislatures provide a key role in government. They act as national debating chambers and public forums in which government polices and major issues can be discussed and analysed. In most cases they are invested with formal law-making power giving them some capacity to shape and influence public policy. However, assemblies have been criticised by Heywood (2002, p. 311) as being no more than “talking shops” that do little more than rubber stamp decisions that have effectively been made elsewhere. This essay will firstly discuss how parliamentary and presidential systems differ, the different types of legislature and their main functions.
The power of the Supreme Court to declare laws unconstitutional leads some people to assume that the judicial branch will be superior to the legislative branch. Hamilton examines this argument, starting with the fact that only the constitution is fundamental law. To argue that the constitution is not superior to the laws suggest that the representative of the people are superior to the people and that the constitution is inferior to the government it gave birth to. The courts are the arbiters between the legislative branch and the people; the courts are to interpret the laws and prevent the legislative branch from exceeding the powers granted to it. The courts must not only place the constitution higher than the laws passed by congress, they must also place the intentions of the people ahead of the intentions of their representatives.
The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive. Fellow Hamiltonian and chief Justice Marshall dismissed Marbury’s suit, avoiding a political show down and magnifying the power of the court. This case cleared controversy over who had final say in interpreting the constitution. The states didn’t, the Supreme Court did. This case established the principle of judicial review and gave strengths and power to the