The Judicial System Term Paper

The Judicial System
A review of the role of judiciary and the judicial process.
# 148752 | 821 words | 3 sources | MLA | 2011 | KE
Published on Nov 04, 2011 in Law (General)


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Description:

The paper explains that the essence of a judicial system in any democratic set-up is to protect constitutionalism and the rule of law. The paper outlines the principles of judicial review, the doctrine of judicial restraint and the doctrine of judicial activism. The paper clearly shows how the judiciary plays a prominent role in society.

Outline:
Introduction
Judicial Review
The Doctrine of Judicial Restraint
The Doctrine of Judicial Activism
Conclusions

From the Paper:

"Judicial review is a principle in which decisions of the legislature and administrative dealings are subject matter of investigation and possible overhaul by the judiciary. Certain courts have powers under the constitution to overturn decisions made by either the legislature or executive. Actions or any regulations by either arm of government must be in tandem with the constitution. Judicial review is a prime example of the principle of separation of powers that exist in most democracies. Judiciary exists to control the excess of the other two arms of government as stated in the constitution. The legislature in some cases may enact statutes that undermine the constitution. Such statutes are deemed non existent through a court procedure known as judicial review.
Judicial review specifically checks whether due process was followed in arriving at the decision. It questions the methodology, process and the approach that was used to arrive at the conclusion rather the validity of the conclusion. The court, however, is not mandated to replace what it feels is a rational decision (Morton, p 123). The decision is left to the aggrieved party. Instead of judicial reviews, aggrieved parties may alternatively seek redress by making an appeal to higher courts. Higher courts have the right to try and solve legal disputes among aggrieved parties. Higher courts only look at the inconsistencies in the processes of ratification contrary to how accurate or wrong the decision may be."

Sample of Sources Used:

  • Neubauer, David & Meinhold, Stephen. Judicial processes: law, courts and politics in the United States. Connecticut. Wadsworth publishing. 2009. Print.
  • George, Joyce. Judicial opinion writing handbook. New York. William. S. Hein and company. 2007. Print.
  • Morton, Frederick. Law, politics and the judicial process in Canada. Alberta. University of Calgary press. 2007. Print. Canada

Cite this Term Paper:

APA Format

The Judicial System (2011, November 04) Retrieved August 13, 2022, from https://www.academon.com/term-paper/the-judicial-system-148752/

MLA Format

"The Judicial System" 04 November 2011. Web. 13 August. 2022. <https://www.academon.com/term-paper/the-judicial-system-148752/>

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