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.
Sample multiple-choice questions for the English Legal System module for LLB open learning 1. Which of the statements below most accurately reflects the constitutional position between the legislature and the judiciary: a) Parliament encourages the judiciary to make law through the process of statutory interpretation because it does not have enough parliamentary time to enact laws itself. b) Parliament is the supreme lawmaking body and the role of the judiciary is to interpret and apply law made by Parliament. c) The judiciary considers itself a primary lawmaking body equal to Parliament. d) It is the role of the judiciary, when interpreting statutes, to fill in the gaps in the statutes.
Symbols are important; they are a common cultural currency which we each use to help create our sense of self. Thus when the traditional nature of marriage is challenged in any way, so are people’s basic identities. By asking legislatures to pass “Defence of Marriage” acts, voters are using the law to create the cultural equivalent of a copyright or trademark on the institution of marriage to prevent it from be challenged too much. In 2003, when a bare majority of the Massachusetts Supreme Judicial Court ordered the state to recognize gay marriages, the three dissenting judges based their opposition largely on children. "It is difficult to imagine a State purpose more important and legitimate than ensuring, promoting, and supporting an
They are then implemented by the executive and enforced by the courts. Statute Law is the most important source of the principles and rules making up the British constitution because parliament is the sovereign body. An example of Statute law include: The Parliament Act (1911), which established the House of Commons as the dominant chamber of parliament. More recent example is The Human Rights Act (1998), which enshrined key rights in UK law. Secondly there is Common Law, Common law includes legal principles that have been developed and applied by UK courts.
In section 206 of the Fair Labor Standards Act what we know as minimum wage is established. Thus, requiring all employers to provide a wage and at a designated amount to an employee. Though divorce in pre modern times seems like it would not be allowed, Hammurabi believed that it should to a certain extent. As well as legal divorce, Hammurabi introduced the concepts of alimony and child support. Law 147 states: “If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children.
The current UK constitution has so many strengths that reform is unnecessary. Do you agree with this statement? In the UK we have an uncodified constitution, which means we have many different sources of the constitution rather than have a single authoritative document, which would be a codified constitution. The most significant source of the constitution is legislation which consists of both Acts of Parliament and lesser legislation like Orders in Council, and rules and regulation made by ministers under statutory authority. Common law, which has developed over many years becoming accepted due to court judgements.
Judicial decisions have also effectively created new crime as in Shaw v. DPP (1962) – offence of conspiracy to corrupt public morals, or R v. R (1991) – rape within marriage is a crime. Also, in contract and tort law, nearly all the main rules come from cases decided by judges. Many of them were made in the last century or so but still affect today law e.g. Felthouse v. Bindley (1863) – silence can not be deemed as consent (acceptance of an offer) or the neighbourhood principles produced in Donoughue v. Stevenson (1932). So how can judge create law through the doctrine of precedent?
“We often say that we are looking for the intention of Parliament, but that is not quite accurate. We are seeking the meaning of the words which Parliament used” Per Lord Reid in Black Clawson Int v Papierwerke Waldhof Aschaffenburg (1975) AC 591 In light of Lord Reid’s quote, analyse how the judiciary interpret Acts of Parliament. Parliaments passed statutes every year and the meaning of the law in these statutes should be clear and explicit but this is not always achieved. Although legislations are composed by Parliament, it is left to the courts to interpret provisions and give meaning to them. Statutes are drafted by the Parliamentary Counsel who are a group of individuals who are skilled in law, however some legislation are still obscure and words are found to be ambiguous and it is for the judge to discover the intentions of Parliament.
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.
The courts are a part of the judicial branch in the three branches of government. This means that in this branch the laws are interpreted. Like the other two branches, it works to keep the criminal justice system running as smoothly as possible. The laws are make in the legislative branch and is enforced in the executive branch. The police are a part of the executive branch.