AMERICAN SUPREME COURT AND JUDICIAL REVIEW

Transcription

1 AMERICAN SUPREME COURT AND JUDICIAL REVIEW

2 INTRODUCTION The judicial branch of the government interprets and applies the law in a fair and impartial manner. It administers justice. The judicial branch is the third check and balance in the U.S. Constitution's threefold separation of powers. Article III establishes that "the judicial power of the United States, shall be vested in one Supreme Court and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges...shall hold their offices during good behavior, and shall... receive...compensation, which shall not be diminished during their continuance in office."

3 CHARACTIRISTICS OF AMERICAN SYSTEM 1. Dual Judiciary System 2. Independent Judiciary 3. Judiciary has been separated from executive 4. Power of judicial Review

4 ORGANISATION OF FEDERAL COURTS IN AMERICA 1. DISTRICT COURTS:-Districts courts are the lowest or federal courts. At present, there are about 89 district Courts in America. 2. CIRCUIT COURT OF APPEAL:-To decrease the work-load of supreme Court, in 1821, American Congress, by a law established Circuit Courts above the District Courts and below the supreme court. 3. SUPREME COURT:-It is the highest federal court in America which has been provided for in Article-3 of the constitution and this court was set up in SPECIAL COURTS:- In America, Congress has, by law set up some special courts also. For example, Court of claims, Court of Customs and Patent Appeals, Tax Courts and Courts of Military Appeals.

5 SUPREME COURT Supreme Court is the highest federal court in America. It was established in 1789 under the provision made by Article-3, Section-I of the constitution. According to Article-3, Section-I of the constitution, The Judicial powers of the United States shall be vested in one Supreme Court and such inferior courts as the congress may from time to time ordain and establish.

6 COMPOSITION OF THE SUPREME COURT:- The strength of judges of the supreme court is fixed by the congress. Today, the Strength of the judges of Supreme Court is 9 which include one Chief Justice and 8 other judges. APPOINTMENT OF JUDGES:- (Article-2,Section-2) Judges of the supreme court are appointed by President with the approval of the Senate. QUALIFICATION OF JUDGES:- There is no any specific provision mention about the qualification of judges of the Supreme Court. TENURE OF THE JUDGES:-In America, judges can remain in the office during their good behaviour and their retirement age is not fixed.

7 REMOVAL OF THE JUDGES:-Judges can be removed from office by the method of impeachment on the charges of corruption, misconduct and a serious offence. For removing a judge, charges are framed by the lower house i.e. the House of Representatives and after the acceptance of the charges by the House with 2/3 majority, matter is referred to the Senate. SALARY OF THE JUDGES:-Chief justice of Supreme Court gets an annual salary of $ 1, 71,500 and other judges get an annual salary of 1,64,100.They get pension after retirement.

8 WORKING OF THE SUPREME COURT:- Regular session of the Supreme Court begins on the first Monday of October every year and continues till mid-june next Year. QUORUM:-Quorum of six judges has been fixed for the meetings of the Supreme Court. SEAT OF THE SUPREME COURT:-The seat of the Supreme Court is at Washington, the capital of United States where its meetings are held in white marble building.

9 JURISDICTION AND POWERS OF THE SUPREME COURT POWER OF THE SUPREME COURT ORIGINAL JURISDICTION APPELLATE JURISDICTION APPEALS AGAINST THE DECISIONS OF THE STATE COURT APPEALS AGAINST DECISIONS OF DISTRICT COURTS APPEALS AGAINST DECISIONS OF THE CIRCUIT COURT OF APPEALS

10 ROLE OF THE AMERICAN SUPREME COURT 1. As final interpreter of the Constitution 2. Protector of the constitution 3. Role in the development of the constitution 4. Role of clearing the ambiguities of the Constitution 5. Role in expending the powers of federal Government 6. Role in law-making 7. As guardian of the Rights and Liberties of the Citizens 8. As a balance

11 WEAKNESSES OF THE AMERICAN SUPREME COURT 1.Use of Unconstitutional Powers 2. Power to reject the laws passed by the Congress is undemocratic 3. Conservative Judges are hindrance in the way of Progress 4. Appointments of Judges on Political Basis 5. Too long a tenure 6. No mention of the qualifications of the judges in the constitution 7. Defective method of Decision-Making 8. Against the Principles of Checks and Balances 9. Partial Decisions

12 JUDICIAL REVIEW MEANING OF JUDICIAL REVIEW If in supreme court s view, any one of these is not in accordance with any provision of the constitution, then Supreme court can declare such laws or executive order null and void and can reject them. According to Prof. Munro, The most distinctive attribute of Supreme Court is its power of judicial Review. This is the power to determine whether a law passed by congress or any provision of state constitution or any law enacted by state legislature or any other public regulation having the force of law is in consonance with the constitution of the United States.

13 ORIGIN OF THE POWER OF JUDICIAL REVIEW The power of Judicial Review was first expound in America in 1803 by chief Justice Marshall of American Supreme Court while delivering judgement in Marbury v/s Madison case. NEED OF THE POWER OF JUDICIAL REVIEW- Although the power of Judicial Review was exercised without any pre-planned objective, however, today, the need for using this power is fell because of the following reasons:- 1. For protecting the constitution 2. For interpreting the constitution 3. For maintaining balance between centre and states 4. For protecting the rights of citizens 5. For checking the misuse of powers 6. For maintaining balance among different organs of the government.

14 SCOPE OF THE POWER OF JUDICIAL REVIEW (i) Law passed by federal Congress and state Legislature (ii) Constitution of the state (iii) Treaties made by federal government with other states. (iv) Executive order and Ordinance issued by federal and state Executive.

15 UTILITY AND IMPORTANCE OF JUDICIAL REVIEW 1. Check over the misuse of Powers 2. Protection of the supremacy of the Constitution 3. Helpful in the growth of constitution 4. Protection of the federal system 5. Balance among different Organs of the Government 6. Protection of the rights 7. Proper interpretation of the constitution

16 CRITICISM OF THE JUDICIAL REVIEW 1. This power is unconstitutional 2. It is against democratic principles 3. it makes Congress and state legislature irresponsible 4. It lowers the prestige of the Congress and state Legislatures 5. It is reactionary 6. It is a delaying process 7. Possibility of Judicial Dictatorship 8. It encourages one man s Dictatorship 9. Judiciary becomes the subject of political Controversies 10. Many times good laws have been declared illegal.

17 REFERENCES V.N. Khanna, Comparative study of Governments and Politics Dr. S.R. Mahashwari, Comparative study of Governments and Politics Lakshmi Narain Agrawal, 2004 J.S. Badyal, Comparative Political systems and International Politics,Raj Publishers, Dr. Gulshan Rai, S.N. Verma and V.P. Verma, Comparative Political systems and International Politics Joyoti Book Depot Pvt. Ltd K.R. Bombwal, Comparative Constitutions, Modern Publishers, J.C. Johari Modern Political system, Sterling Publishers, 1972.