Thursday, November 7, 2019
Should the Supreme Courts power of judicial review be strictly limited by a constitutional amendment essayEssay Writing Service
Should the Supreme Courts power of judicial review be strictly limited by a constitutional amendment essayEssay Writing Service Should the Supreme Courts power of judicial review be strictly limited by a constitutional amendment? essay Should the Supreme Courts power of judicial review be strictly limited by a constitutional amendment? essayHistorically, the Supreme Court personified one of the three branches of power separated by the US Constitution to maintain the democratic order in the country. In such a context, the elimination of the Supreme Courtââ¬â¢s power of judicial review would be apparently the excessive measure, while the strict limitation of this power would raise the question whether the Supreme Court can exercise its power granted by Founding Fathers to the full extent.Therefore, the maintenance of the status quo is the only right decision that can be taken at the moment. This decision is necessary because of several reasons. First, the strict limitation of the Supreme Courtââ¬â¢s power of judicial review creates conditions when three branches of power may be misbalanced because of the failure of the Supreme Court to exercise its power of judicial review to the full extent. Second, the limita tions imposed on the Court by the Amendment would weaken the judicial power and hypothetically it may put under a threat the US democracy (Dworkin, 2005). Finally, the limitation of the Supreme Courtââ¬â¢s power of judicial review will be similar to the attempt of limiting the power of the US Congress of the legislative initiative.On the other hand, it is possible to argue that the limitation is essential to prevent cases of erroneous or biased decisions taken by the Supreme Court (Levin-Waldman, 2012). In addition, prejudiced decision of the Supreme Court, which has unlimited right to judicial review, may lead to the widening disparities between different groups of the US society.The limitation of the Courtââ¬â¢s power of judicial review is like the limitation of the Congressââ¬â¢ right to implement certain bills and acts. This is why the implementation of such Amendment to the US Constitution seems to be unreasonable because legislators, who regulate and determine the lim itation of the judicial power, may set unfair limitations that will be favorable for them or their interest group but not for the US society. In other words, such limitation raises the high risk of the creation of even more unfair conditions for the Supreme Courtââ¬â¢s functioning and rulings that are now.
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