A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts. Judicial Restraint is the complete opposite of Judicial Activism. The judges should not introduce or instill their own personal or political beliefs into the law. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. 2.
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.
This is true, but to interpret the laws and judge their constitution are the two special functions of the court. The fact that the courts are charged with determining what the law means does not suggest that they will be justified in substituting their will for that of
Among these things are powers that the three branches of our government have that aren’t in our Constitution doesn’t grant them. A power that gets argued a lot is the Ability for the President to use Executive privilege. Executive Privilege is the power used by members of the executive branch to withhold information from the other branches of government. Executive Privilege is claimed to
By doing this it would lead the democracy to a dictatorship. The separation of powers is another way to ensure that checks and balances are being enforced and followed through. Caplan brings the issue of the debate of the meaning of separation of powers, “…the separation of powers means that each branch has exclusive control of matters in its domain or whether the Constitution generally gives Congress and the president overlapping, or blended, powers, all of which are quite extensive but none of which obviously serves as an absolute trump to the other,” (Caplan 21-2) So the presidential power used in the issue of foreign policy has been somewhat validated by this statement
This is because it can be interpreted in many ways and may lead to misunderstanding. It has become a messy mixture of written and unwritten elements, it does not carry authority of some other constitutions such as that of the USA, this is due to it’s vague nature. It is also argued that its flexibility allows ‘elective dictatorship’, this is because governments would have the power to pass any law without considering if its constitutional or not. The main reason why the word
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
The Sixth amendment protects the accused upon the case against him. The Right to Counsel is given to everyone and this constitutional mandate adheres to the constitution. An accused may choose his own if his means permit him to do so. If not, however, and it is upon the court to appoint who shall represent him, the accused has no say of who will be appointed for him since what is contemplated by law is the essence of a competent lawyer’s presence. The right of self-representation may, of course, be opted upon refusal to receive the services of the one appointed by the court, but it shall still be in conformity with the set guidelines for the same right (Tomkovicz,
Checks and Balances The system of checks and balances is part of our constitution. This system guarantees that no part of the government can become too powerful. Each branch is made sure that the power of the other branches is balanced between them. (Kelly, 2011) The Legislative Branch is given the power to make the laws as far as the Executive Branch, they are given the power to care out those laws, and the Judicial Branch is given the power to construe the laws. Together they have achieved to a workable balance with no branch possessing more power than the rest.
Another reason for having an independent judiciary was that they were separate from the Executive and Legislative braches. Each branch deals with different subjects and is headed by different people. What these