Business Law Assignment Help on judicial philosophy Judicial Philosophy

In order to solve the issues related to judicial review, Supreme Court has to frame certain judicial philosophies. Stephen Breyer believes that judges should preserve the undemocratic power and should follow judicial philosophy, which will be helpful in building confidence in the court. Judicial philosophy is the set of ideas and beliefs that is helpful in exercising the judicial review. Originalism is the philosophy that helps judges in taking right decision for the judicial review. It is the method of interpretation and stated that decisions were taken on the basis of original intent, which was fixed by Founding Fathers of United States (Assignment help USA).

It is analyzed that after the civil war, people like pragmatic way to interpret the constitution. Another philosophy to exercise judicial review is judicial restraint, which can be characterized as one, who believes that democracy has intrinsic value. Further, it also stated that judiciary is not very effective in regulating the judicial reviews. At the same time, it is analyzed that judicial activism do not involve in making laws and are considered as threat to the values of stability.

Another philosophy to exercise judicial review is judicial moderate, which is defined as the judicial conservative and liberal philosophies (Eisgruber, 2009). This philosophy takes the decision based on the votes on liberal basis. Thus, Supreme Court should take the decision on the basis of several philosophies in order to protect the interest of public. Limitations of Supreme Court Power It is analyzed that Supreme Court’s power of judicial review is strictly limited by the constitutional amendments of the government.

Supreme Court can take the decision on the basis of constitutional amendments. It is analyzed that Supreme Court is not accountable for overstepping the constitutional limits on federal power. In the current system, only five votes are required to determine the overall case. Judicial review paradigm allows the government to make rule in order to solve the issues. Thus, as per the tenth amendment, power to take decision is reserved to the states respectively and to the people (Business Planning Assignment Help).

Supreme Court itself acts as unconstitutional in order to exercise power of Judicial Review. Supreme Court requires order of Constitutional amendments to take decision for judicial review. Although, it is analyzed that power to exercise judicial review was acquired by Supreme Court in the case of Marbury vs Madison 1803, but they were not allowed to take overall decision by its own. It is identified that Court is treated as the political institution, which is also involved in taking political decisions of the government.

Perception of the public about the court is politicized, which has restricted its power for the judicial review (Keith, 2008). Therefore, in order to take the decision, Supreme Court has to work according to the Constitutional Amendments. It is analyzed that judicial review is the authority of court to determine, that acts of congress, executive branch and states should be constitutional.

References: Eisgruber, C.L.(2009). The Next Justice: Repairing the Supreme Court Appointments Process. USA: Princeton University Press. Keith, L.C. (2008). The U.S. Supreme Court and the Judicial Review of Congress: Two Hundred Years in the Exercise of the Court’s Most Potent Power. USA: Peter Lang. Langer, L.(2002). Judicial Review in State Supreme Courts: A Comparative Study. USA: SUNY Press. The Constitutionality Crises (2010). Retrieved from http://constitutionality.us/SupremeCourt.html

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