Question:

Why is it so important for courts to have the power of judicial review?

Answer:

In the American system, it's important to have checks and balances. Judicial Review gives the courts a check on the other two.

More Info:

Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. A specific court with judicial review power may annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution). Judicial review is an example of check and balances in a modern governmental system (where the judiciary checks the other branches of government). This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review may differ from country to country and state to state.

The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state (or who controls the state). The model was first developed in Ancient Greece and Rome. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The normal division of branches is into a legislature, an executive, and a judiciary.

Government Law

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms.

Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is law?", "what are the criteria for legal validity?," "what is the relationship between law and morality?", and many other similar questions.

Political science is a social science discipline concerned with the study of the state, nation, government, and politics and policies of government. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior, culture. Political scientists "see themselves engaged in revealing the relationships underlying political events and conditions, and from these revelations they attempt to construct general principles about the way the world of politics works." Political science intersects with other fields; including economics, law, sociology, history, anthropology, public administration, public policy, national politics, international relations, comparative politics, psychology, political organization, and political theory. Although it was codified in the 19th century, when all the social sciences were established, political science has ancient roots; indeed, it originated almost 2,500 years ago with the works of Plato and Aristotle.

Political science is commonly divided into at least distinct sub-disciplines which together constitute the field:

Judiciary

In Australian constitutional law, Chapter Three Courts or Chapter III Courts are courts of law which are a part of the Australian federal judiciary, and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution.

Judicial independence in Singapore is protected by the Constitution, statutes such as the Subordinate Courts Act and Supreme Court of Judicature Act, and the common law. Independence of the judiciary is the principle that the judiciary should be separated from legislative and executive power, and shielded from inappropriate pressure from these branches of government, and from private or partisan interests. It is crucial as it serves as a foundation for the rule of law and democracy.

To safeguard judicial independence, Singapore law lays down special procedures to be followed before the conduct of Supreme Court judges may be discussed in Parliament and for their removal from office for misconduct, and provides that their remuneration may not be reduced during their tenure. By statute, judicial officers of the Subordinate Courts, and the Registrar, Deputy Registrar and assistant registrars of the Supreme Court have immunity from civil suits, and are prohibited from hearing and deciding cases in which they are personally interested. The common law provides similar protections and disabilities for Supreme Court judges. Both the Subordinate Courts and Supreme Court have power to punish for contempt of court, though only the Supreme Court may convict persons of the offence of scandalizing the court.

Homicide

The term crime does not, in modern times, have any simple and universally accepted definition, but one definition is that a crime, also called an offence or a criminal offence, is an act harmful not only to some individual, but also to the community or the state (a public wrong). Such acts are forbidden and punishable by law.

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