The Need of Judicial Review and Judicial Supremacy to the Rule of Law in Western Democracies.docx

The Need of Judicial Review and Judicial Supremacy to the Rule of Law in Western Democracies.docx

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The Need of Judicial Review and Judicial Supremacy to the Rule of Law in Western Democracies Name Course Tutor Date
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Abstract In spite of the burgeoning of judicialization across the western democracies, cynicism or distrust is not inadequate. Evaluations vary from apprehensions over the institutional competence and democratic legitimacy of courts to the productiveness of rights protections. This paper takes a step back from this argument or deliberation and queries why do western democracies yearn for judicial review and judicial supremacy to the Rule of Law or why should people persist with or establish judicial reviews. For the rationales of theory, methodology, and exercise, the paper disputes that there should be a keen focus on the motivational not just for mitigatory objectives for judicial review and judicial supremacy in western democracies. The paper evaluates an array of functionalist reason and the epistemological reason for judicial review and judicial power and considers which ground issues the most convincing assertions in theory and practice. Introduction Judicial review and supremacy springs back to the U.S Supreme Court’s iconic ruling on Marbury v. Madison. Chief Justice, John Marshall, claimed that the Supreme Court of the US has the authority to nullify legislation set by Congress. After the Second World War, several nations including Italy and Germany were influenced by the United States to adopt the judicial review. The principle of “constitutional checks and balances” attracted the countries to incorporate the approach into their law system. In the US judicial review is exercised when solving controversies or concrete cases for example when the existing law has resulted in unconstitutional practices. The legal review system in the United States allows all courts to hear allegations of unconstitutionality. Additionally, the United States established supreme courts to receive the claims. However, in countries like Germany and Italy, it is only special courts that can accept In Germany, there exists a specialized court known as German Bundesverfassungsgericht that individually review the administrative, judicial and legislative decisions to establish if they are they are in concurrence with the constitution of the nation. Although all courts can make decisions within their jurisdiction, the Constitutional Court is the only body that can declare statutes unlawful. Additionally, in the event of concrete or abstract cases, judicial review is practiced. However, the United Kingdom law does not authorize judicial review of laws passed by the parliament (primary legislation), unless if it is contrary to the European Convention or EU laws on Humanitarian Rights claims.
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  • Spring '17
  • JANET SR
  • Law

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