2. What are the differences between the two? Basically, Judicial Activism means that judges use their own political and personal thoughts to influence/help rule on a legal matter. Judicial Restraint means that judges do not use their own political and personal thoughts to influence/help rule on a legal matter. 3.
The judicial functions of the House of Lords were assumed by the 12 lords of appeal in ordinary otherwise known as “law lords”. The change now gives the Supreme Court jurisdiction over cases that would have usually been heard by the Privy Council. The Supreme Court hears appealed case from courts of the United Kingdom’s three legal systems with the exception of Scotland where their highest court for civil issues is situated in Scotland; Court of Session and high court of judiciary for criminal cases. The cases that are heard by Lord Justices of the Supreme Court are very few and require the attention of Law Lords. The cases that are heard here are of general importance to the public.
Common law differs because it’s a law that is created by judges is based on past court decisions. If statutory law conflicts with common law, statutory law will govern. Common law has not been made into a statute, in which case it would be a statutory law. 1-8 The judge's role is not to make the law but to uphold and apply the law. Do you agree or disagree with this statement?
One way that the Supreme Court is insulated from Public opinion is that they do not have to run for office. "Because they hold their office for life Supreme Court Justice do not need to worry about job security. "(452) Because they do not worry about job security, they are free to view and rule by personal opinion. Another way the Supreme Court is insulated from public opinion is the fact that their only job is to interpret the Constitution. As Supreme Court justices, they only accept a case that directly has to deal with someone's right from the constitution being violated.
Jon Jay was the first Chief Justice. John Marshall was the longest running Chief Justice. 4. Docket- a list of cases Jurisdiction- the official power to make legal decisions and judgments Judicial review- Review by the Supreme Court of the constitutional validity of a legislative act. Majority opinion-the opinion joined by a majority of the court Concurring opinion-an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning.
The negative aspect is that once an Act of Parliament has received Royal Assent, no person or body can question its validity, not even the courts. In addition but nonetheless important, a Parliament cannot bind a future Parliament. Supremacy hence lies in the current Parliament of the day, as it technically has the power to amend or repeal the legislation of any previous Parliament. Before we go any further, it is important to realise two facts. Firstly, legal sovereignty should be distinguished from political sovereignty.
‘A political, not a judicial institution.’ Discuss this view of the Supreme Court. The US Supreme Court is at the top of the federal judiciary and there are 13 circuit courts and 94 district courts below it. Cases heard in the Supreme Court are cases that have been appealed from the two courts below; however The US Supreme Court only hears those cases that it wishes to hear. There is no automatic right for a case to be heard and the Court rejects over 96% of cases that appeal to be heard there. Some people hold the view that The Supreme Court is not a judicial institution but instead a political institution where they think more politically instead of legally in their decision making.
The Supreme Court's power of judicial review should be strictly limited by a constitutional amendment and except as authorized by Congress, no court of the United States or of any individual state shall have the power to review the constitutionality of statutes enacted by Congress or by state legislatures,(Tushnet, 2005). An example is Supreme Court Justices Stephen Breyer and Antonin Scalia, were each defined their personal philosophy to how they decide to hear cases. Justice Breyer believes the Constitution is a "living document" which adheres to the Founders' "values" but changes to society and technology must be considered. In contrast, Justice Scalia said he is not fit to judge the values of the current American public. By not
The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. Which principle conception? Formal or substantive. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.
‘A political, not a judicial institution.’ Discuss this view of the Supreme Court. It can be argued whether the Supreme Court is more of the political or judicial institution because of the number of issues such as appointment process and who judges appointed by, as well as their power of judicial review which could stop any legislation by determining it unconstitutional. However, there are still cases when Supreme Court judges could decide to make restraint decisions, which are independent from any other branch of the government and those decisions are purely based on the Constitution. To start with, the Supreme Court can said to be a political institution because all the judges are being appointed and confirmed by politicians, who are members of other two branches of federal government (Congress and President). It is clear that president choose his nominee from people who share the same (similar) political philosophy and ideology.