The Power Of The Judiciary Essay

1653 words - 7 pages

Albert LairsonPS 1Professor MitchellTHE POWER OF THE JUDICIARYWhen the founding fathers of our country, and by that I mean the Federalists, were creating the system of government for America, they knew that a separation of power would be necessary to protect the American people from the evils of a monarchy or dictatorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was to have the Legislative make the laws, Executive enforce the laws, and the Judiciary interpret the laws, and it was Madison's system of 'Checks and Balances' that would keep the three in check. No one branch would be able to exploit it's power without the scrutiny of one of the other branches, it seemed to be the perfect system. However, when the Federalists proposed this system of 'Checks and Balances,' they really didn't consider the Judiciary that much of a threat of power, and because it wasn't considered a policy making branch like the Executive and Legislative, it really wasn't thought of as part of that system. Basically, the Judiciary would make sure that no law was unfairly enforced on somebody, and anything else would merely be a bonus. The system of 'Checks and Balances' would then be the Executive watching over the Legislative, and the Legislative watching over the Executive. To be more specific it would be Congress watching over the President and the President watching over Congress. (The Federalist Papers, #51)This system, as I mentioned earlier seemed to be the perfect protection against tyranny of any kind, and in fact it is quite effective, but I feel the problem is in that the Federalists didn't take into account that the Judiciary would in fact become a policy making branch in itself, with the power to check any one of the other two branches just as much as they would check each other. Robert Dahl wrote, 'To consider the Supreme Court of the United States strictly as a legal institution is to underestimate its significance in the America political system. For it is also a political institution, an institution, that is to say, for arriving at decisions on controversial questions of national policy.' (Dahl, Role of the Supreme Court Symposium, pg.279) The point here is that proportionately, the Judiciary yields as much power and policy making capabilities as any of the other two branches of government, and that the decisions made by the Supreme Court are in fact equal in stature to Congress passing a Bill into law.What Dahl is basically trying to say is that the evolution of the Supreme Court has made it very involved in decisions concerning important policy issues of the American political system. When it renders a decision on these policy issues, it is in fact changing or creating new policy itself. Now to say that the Supreme Court is only the highest legal institution of the United States would be doing a it a terrible injustice, not to mention selling it extremely short on the credit it...

Find Another Essay On The Power of the Judiciary

How is the independence of the judiciary guaranteed in Australia?

880 words - 4 pages doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. It is under this doctrine that no person can be a Member of Parliament and a judge at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by

The Judiciary in Ireland: Interpreter of the Constitution

1560 words - 6 pages 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 the 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

Law Essay: The Judiciary of the English Legal system

861 words - 3 pages LAW ESSAY: The Judiciary OF THE ENGLISH LEGAL SYSTEMEXPLAIN HOW THE JUDGES ARE APPOINTED AND HOW BOTH THE SELECTION AND TRAINING OF THE JUDGES HAS BEEN AFFECTED BY THE COURTS & LEGAL SERVICES ACT 1990?(ANS) The appointment of judges transpires where the Lord Chancellor (the head of the judiciary) who is key, has the jurisdiction to appoint or nominate all lower ranks of the judiciary. However, even though the higher ranks of the judiciary

The Penal and Judiciary System: The High Cost of Incarceration

2280 words - 9 pages learn their lesson, repent or go and sin no more. They are more likely to learn more efficient ways to break society’s laws from other convicts. Incarcerations as retribution tend to create a polarization between “us” (outlaws, outsiders) and them (those in power, the insiders). A high proportion of inmates came from the “outsiders” (i.e. poverty, lower class, or marginalized) in the first place. So, they view the police, the courts, and the

Malaysia: Rule of Law and Independence of the Judiciary

6151 words - 25 pages the bedrock of a democratic state based on the rule of law. The power of the judiciary under this system can be seen from the perspective of judges as standard setters in society. They interpret and develop the law upon which society is structured and human relationships are conducted. Their conduct, both in and outside the court, must at all times be free from any form of suspicion if they are to command public respect and confidence

The Second Challenge: Imperial Judiciary

1338 words - 5 pages this decision, taking democratic power of the citizens’ hands. Now, since most Americans can agree that there are parts of the judiciary that need to be fixed, restoring a more fair balance of power between the three branches of government, the hard part is finding the answer to that problem. Therefore, I personally believe the judicial branch needs be limited on cases which have a very political and public policy basis, such as Roe v. Wade or

The Power of Power

838 words - 4 pages atmosphere, incorporating diabolical elements into this world with the appearance of Hecate, witches, prophecies and ghostly apparitions. Throughout his story, Macbeth becomes controlled by desire for power, by allowing himself to be influenced, using evil means to gain and maintain power to the point that Macbeth is blinded to all else. In Macbeth, Shakespeare vividly demonstrates a recognizable theme of the weighty pull that power holds over those with

The Power of Power

1066 words - 5 pages Abraham Lincoln’s quote shows his thoughts on the power of power and its ability to corrupt even the best of men. The same opinion is shared by Philip Zimbardo, the psychologist responsible for the Stanford prison study. In his study, he observed the effect of power on college students in roles as prison guards and prisoners. The experiment had to be cut short due the effect the power had on the students in the the role of the guards. William

Essay about the importance of the independence of the judiciary in Australia

1830 words - 7 pages Foundations Essay - Independence of the JudiciaryTo understand the expression 'the independence of the judiciary' you first must understand what is meant my judiciary. The judicature is:The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High

Is the Judiciary Branch a despotic branch?

953 words - 4 pages set an important precedent. It gave the Supreme Court the power to decide whether laws passed by congress were constitutional and to reject laws that it considered to be unconstitutional known as the judicial review. This raised Jefferson's concern that the court and Judiciary branch have too much power, making it a despotic branch."The Constitution...is a mere thing of wax in the hands of the judiciary which they may twist and shape into any

The Reasons Why The Judiciary System Should Not Change Laws

1174 words - 5 pages similar views to their own. The reasons why the judiciary system should not change laws is that the Judiciary system is independent from other organisation and this is a essential part in the running of the judiciary system. This allows the 'judiciary not being involved and not having any personal interest in advantage in the case they are working on so they enforce the law and not create it' (unit 26, 2012, P. 141) . The judiciary system is

Similar Essays

The Power Of The Judiciary Essay

1514 words - 6 pages The Power of The Judiciary      When the founding fathers of our country, and by that I mean the Federalists, were creating the system of government for America, they knew that a separation of power would be necessary to protect the American people from the evils of a monarchy or dictatorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was

Lack Of Diversity In The Judiciary

1345 words - 6 pages It is widely acknowledged that the judiciary within England and Wales is not representative of the wider society. The composition of the judiciary is regularly subject to criticism on its apparent homogenous identity’ being largely comprised of elderly, white male barristers educated at Oxford or Cambridge. This ethos has prevented diversity within the judiciary, particularly the upper echelons of the judiciary. Academics

The Judiciary And Republicanism Essay

1939 words - 8 pages Constitution. One may argue that judicial review was an ex post facto attribution of power to the judiciary, the people did not consent to it when they ratified the constitution, thus making judicial review unconstitutional. However, John Marshall merely made explicit a power that was implicitly attributed to the Supreme Court by the Constitution in article III, section 2: «The judicial power shall extend to all cases, in law and equity, arising

Women In The Judiciary Essay

2720 words - 11 pages Women in the Judiciary You can't be shining lights at the bar because you are too kind. You can never be corporation lawyers because you are not cold-blooded. You have not a high grade of intellect. You can never expect to get the fees men get. I doubt if you [can] ever make a living. Of course you can be divorce lawyers. That is a useful field. And there is another field you can have solely for your own. You can't make a living at it, but it's