Judicial power

Written by Fmi.Online Friday January 6, 2023
Judicial power is the authority granted to courts and judges by the Constitution and other laws to interpret and decide, based on sound legal principles, and rule accordingly. This power allows judicial authorities to determine the legality of arguments, proofs and facts in order to execute a sentence or a ruling.

Explanation :

The U.S. Constitution, in its third article, establishes the creation of a Supreme Court and other minor courts that are properly vested with the authority to rule and interpret the different laws enacted in the course of the nation’s history. This power flows downwards from the Supreme Court in a pyramid scheme of different courts that guarantee the fairness of legal procedures through an adequate check and balances system. The three main responsibilities these courts have by using this power are: to judge court-worthy cases fairly, to enforce the law when there are certain constitutional principles being put to question and finally, to interpret the laws properly to solve disputes. The abuse of these powers can be properly controlled by the judiciary structure, which is an organism intended to self-regulate. Nevertheless, even though this sounds like a fair scheme, extensive legal procedures are tedious and might lead to a waste of resources and time.

In a nutshell :

  • Judicial review of administrative action is inherent in our Constitution, which is based on rule of law and separation of powers. 
  • It is considered to be the basic features of our Constitution, which cannot be abrogated even by exercising the constituent power of Parliament.
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