The Judiciary’s foremost role is to defend and uphold the constitution and to assure rule of law prevails in a country. In some ways it is the watchdog for rights and liberties of the citizens. The Judiciary acts as a guardian of the constitution arbitrates between the people and the legislature. Having said that has the Judiciary become puissant? Should we cap the amount of power it posses at present? I will discuss the question at hand by discuss the role of judiciary, the importance of constitution and the conflict between between constitutionalism and democracy.
The Judiciary serves an essential role in protecting us from erroneous doing of others, protecting the weak from the strong, the powerless from the powerful, fore fending individuals from the unwarranted or unlawful exercise of power by the state. This is the judicial function of the Judiciary system. When a dispute is brought before a court it’s the court responsibility to determine the facts involved given through evidence given by the contestant. Once the facts have been established the court decides what law is applicable for a particular circumstance. The judiciary becomes the interpreter of law, which in my opinion is the judiciary prime function.
The Judiciary plays another major role in my opinion. The Judiciary has the power to take action on the government which can be seen in Article 28, where it says
“The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.” (Irishstatutebook.ie, 2012)
This is essential as it can prevent the government from being too powerful and corrupt by taking advantage of it power on the people. Ireland strict regime has made it a fair country to be a part of as no one is given preferential treatment over one another. There should not be any limit on this aspect of the Judiciary as it prevents corruption and keeps the country well balanced.
The sole and exclusive power of making laws for the state is vested in the Oireachtas. The competence of judiciary’s and its authority to interpret the Constitution have become widely accepted as an indispensable feature of the constitutional system. The rule of law and constitutional democracy should go hand-in-hand as expected, but sometimes they might not always be in harmony and result in a clash. The Court’s judgment must reflect the nation best understanding of its fundamental values.
Article 34 to 38 of the Irish constitution provides for courts and trial of offences. Article 34 states,
" .Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public" ( .........).
Judges use their reasoning skills to decide what particular laws mean when they rule on cases. Different judges sometimes use different reasoning skills to interpret the...