The general liberty of the people must not be in danger especially of the government power. Therefore, the judicial review plays one of the most important roles among the government even though their power might seem weak as Alexander Hamilton says. Judicial review as way of surveillance over legislature and executive branch and as protection of the people from political threats is the main factors for the necessity in the checks and balances system. Moreover, the importance of the judicial review can be proved by the fact that the judicial review establishing the
In fact if we force this woman to have the surgery it could compromise the sanctity of a woman’s body. This would bring up the whole debate of abortion. Having the fetus’s rights just as important if not more than the mother’s, could say that if you have an abortion or miscarriage that you could be charged with a criminal offence. In the interest of fairness and justice, she should not be forced to have the
This clearly shows an effective protection of liberty by judges. Furthermore, a vital protection of liberties can be exercised via judicial review. Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of a case, this would be a case for appeal courts following the above methods, judicial review is simply an examination of the lawfulness of a case. For example, in the case of Home Secretary v. AP 2010 an appeal allowing the government to detain AP on a control order
Marbury V. Madison • Arguably most important case in Supreme Court history • Written in 1803 by Chief Justice John Marshall • First U.S. Supreme Court case to apply the principle of "judicial review" the power of federal courts to void acts of Congress in conflict with the Constitution. • The decision played a key role in making the Supreme court a separate branch of government on par with Congress and the executive. • In the election of 1800 the newly organized Democratic-Republic Party of Thomas Jefferson defeated the Federalist party of John Adams creating an atmosphere of political panic for the Federalists • Adams appointed a large number of justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the President and affixed with the official seal of the government • The following commissions were not delivered and when President Jefferson assumed office in 1801 he order James Madison, his secretary of state not to deliver them. • William Marbury one of the appointees petitioned the Supreme Court for a writ of mandamus,or legal order, compelling Madison to show cause why he should not receive his commission. • To resolve the case, Chief Justice Marshall answered 3 questions.
Marshall studied the case in a manner that helped to create the Judicial Review, which allows congress to study the constitutionality of a law. Marshall stated that Marbury is correct in the fact that he is deserving of an appointment, yet the Judicial Act of 1789 is unconstitutional so the court can't give him an appointment. In this case Marshall stated the powers given to the Supreme Court in the Constitution. By using the Marbury v. Madison case, Marhsall was able to create the Judicial Review which gave more power to Federal government, and thus helping his ideas as a federalists. John Marshall also used the powers of Congress and the relationship between federal and state authorities to end a dispute between national and state law regarding banks—McCulloch v. Maryland in 1819.This time was during the Era of Good Feelings as James Monroe was president.
What is more important is that we are giving a woman the choice of whether or not she will have an abortion. No human being; how smart, powerful, or important they may be; has the right to change what may happen to another human’s body unless that change is made by a doctor in an extreme medical condition, where that doctor has the consent of the patient, or relative of the patient, to help that person. When a woman makes the decision to have an abortion the decision is not taken lightly. That is the concern of many pro-life supporters. They are concerned that women are becoming pregnant and simply saying, “O well, I’ll just have another abortion.” That is not the case.
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
Checks and balances are put into place so that no one area of the government can have full control or become too powerful. In the three branches checks and balances vary and are essential. The Legislative branch given the power to make laws and is there to check the Executive and Judicial branch. The Executive branch is given the power to carry out the laws and is there to check the Legislative and Judicial branch. The Judicial branch is given power to interpret the laws and is there to check the Legislative and Executive branch.
She will express her feelings and expect her confidant to not tell anyone what she has said. The only person a woman needs to have understand her reasons for having an abortion is herself. Commandment 5, Thou shall not kill is what abortion does. Life begins at conceptions. No matter what the circumstances surrounding conception an innocent life was created.
We all know that one of the few things that we all seem to agree on is that we have to get rid of the abortion law and make sure that any woman that wants an abortion get one no matter the trauma or distress. Undoubtedly we all agree on it, but fail to realize what the law really means, or we may understand it but fail to get advanced with the law and research it. Even though abortion is looked at as “ a right, a form of justice, a woman’s right to choose abortion,”(Pro & Cons of Abortion) we still fail to realize the after affects of abortion. “In our disgust with the extreme oppression women experience under the present abortion laws, many of us are understandably tempted to accept insulting token changes that we would angrily shout down if they were offered to us in any other field of struggle for woman’s liberation.”(www.google.com / pro/cons of abortion) When we see our demands having any effect at all we are then tempted to convince ourselves that everything that sound good right then may not turn out good for women in the long run. And a lot of us are so fed up with the system that we do not even bother to find out what it is doing so we can fight it and demand what we want.