The judicial branch can interpret the laws but cannot enforce them. This is supported by the fact that the Constitution doesn’t say anything allowing them to do so. At the Marbury vs Madison case, the Supreme Court jury realized they couldn’t enforce the laws. The Supreme Court can’t have a jury at an Impeachment.
case, the Supreme Court jury realized they couldn’t enforce the laws. The Supreme Court can’t have a jury at an Impeachment.
Because congress can come up with the laws, the president (executive) can ensure laws get put out, the judiciary is weaker because it can only deal with immediate cases in the present. This is one weakness of the judiciary, which is basically told what to do and how to do it by the other two branches.
The judicial branch—even though it has the power to interpret laws—is considered the weakest of the three branches by many because it cannot ensure that its decisions are enforced. … However, federal judges have great power due in part to their longevity. Federal judges receive life appointments under the Constitution.
This system offers lower court judges a set standard to which they can adhere. Although judicial precedent can ensure that legal matters are predictable and without bias, this system is not without its shortcomings. Judicial precedent offers several disadvantages such as: rigidity, complexity, confusion and injustice.
In Federalist No. 78, Hamilton said that the Judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse, … It may truly be said to have neither FORCE nor WILL, but merely judgment.” Federalist No.
Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena.
The main advantage of using precedent is that it provides certainty in the law. As cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. Another advantage is that it provides consistent decisions within the law, which also ensures fairness.
The doctrine of precedent presents several disadvantages. These are: (i) Rigidity: There is inherent rigidity in the application of the doctrine which may sometimes cause hardship to litigants. (ii) Bulk and complexity: The vast number of reported cases makes it difficult to learn and apply the law.
Overruling. A judge in a higher court can overrule a precedent established in a lower court when a similar case comes before the higher court. The higher court is not bound to follow the lower court’s precedent and therefore may create a new precedent to be followed by all lower courts in the same hierarchy.
The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.
The judicial branch interprets laws and the constitution and consist of the supreme court.
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
Despite the debate over what constitutes the appropriate amount of judicial power, the United States federal courts remain the most powerful judicial system in world history.
Federalist No. 70 argues in favor of the unitary executive created by Article II of the United States Constitution. According to Alexander Hamilton, a unitary executive is necessary to: … ensure “energy” in the executive.
The president can veto (reject) bills passed by Congress. The Supreme Court and Other Federal Courts • Congress can override a veto by a two thirds vote of each chamber.
It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, “statutory authorization,” or in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. … The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. … Third, it protects civil rights and liberties by striking down laws that violate the Constitution.
The judicial branch of the federal government, created by the Constitution, is the federal court system. The courts resolve disagreements in the law by interpreting statutes, regulations, the Constitution, and common law. But in resolving disagreements, they also create new law.
Judges do not make law because the existing law provides all the resources for their decisions. A judge does not decide a case in a legal vacuum but on the basis of existing rules, which express, and, at the same time, are informed by, underlying legal principles.
If the court changes course too often, it might disrupt expectations and make it harder for people to plan their lives. Standing by prior decisions can also help judges be more efficient with their time — and the time of those who appear before them.
Time saving: Precedent is seen to be a useful time saving device, where a principle has been established cases with similar facts are likely to go through the expensive lengthy process of the courts.
Judgments themselves are long, with many judges making no attempts at readability, and the ratio decidendi of a case may be buried in a sea of irrelevant material. This can make it very difficult to pinpoint appropriate principles.
The advantage of the doctrine of precedent is that it provides certainty and predictability. The disadvantage, however, is that stare decisis can result in a lack of flexibility and an inability of the common law to adapt to changing moral, socio- economic, and political realities resulting in a static body of law.
It provides assurance that every case will be treated and decided in a manner that is similar to pass decisions. There is building a consistency and predictability that everyone can rely upon it. Flexibility: Precedents carry the flexibility in judicial system, The Supreme Court is not bound by its own decisions.
“Super precedents are those constitutional decisions in which public institutions have heavily invested, repeatedly relied, and consistently supported over a significant period of time. Super precedents are deeply embedded into our law and lives through the subsequent activities of the other branches.
Although judicial precedent is binding, it is no way absurdly rigid to the extent where it becomes nonsensical. Through judicial precedent judges are afforded the opportunity avoid precedents; this is where the principle becomes flexible.
Its purpose is to promote the independence, impartiality, effectiveness, accessibility and dignity of the courts by providing judicial education for judicial officers.
Judiciary plays an important role in the federal set up. It is the guardian of the Constitution of the country. … If a law, passed by the Central government, is against any provision of the Constitution, the law can be declared as null and void by the Constitution.
The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment.