Judicial Independence, Judicial Review, and Constitutional Protection in Legal Systems
Introduction
Every country has historically relied heavily on the justice system. Ensuring the protection of citizens and the rule of law is the system’s primary duty. It is evident from examining the roles and procedures of those involved in the legal system that it is more appropriate to safeguard people than to safeguard the elected branches of government. The foundation of the legal system is the idea of an independent judiciary and judicial review, which set up checks and balances against injustice and power abuse.
Importance of Judiciary Independency
To ensure that the rule of law is respected, an independent judiciary is required. Judges who possess judicial independence are unencumbered by external pressure or sway and render impartial decisions solely on the law and factual evidence (American Bar Association, 2019). The case will be resolved by the law and the evidence, not by shifting political tides, which an unbiased judge can assure you of (American Bar Association, 2019). Although judges serve the government, they are not law enforcement officers.
Furthermore, they are not prosecutors; neither do they search for evidence to bolster their convictions, nor do they make arrests (American Bar Association, 2019). A case from 2017 that demonstrates how courts exercise their impartiality is Hawaii v. Trump. In this case, the Supreme Court considered whether President Trump’s travel ban violates the First Amendment and overrides his power.
In 2017, President Trump issued an executive order that forbade anyone from entering the U.S. from several countries with a sizeable Muslim population (Constitutional Accountability Center, n.d.). By a decision of 5 to 4, the Court upheld President Trump’s travel ban (Constitutional Accountability Center, n.d.). Consequently, it was the court’s duty to determine whether the order complied with the Constitution on its own.
The legal system’s ability to conduct judicial reviews is another factor contributing to its superior protective function. Because of this, it plays a vital role in ensuring that every branch of government is aware of the limits of its own power. The authority of judicial review allows courts to assess whether legislation approved by the elected branches of government is legitimate (United States Courts, n.d.). This jurisdiction acts as a check on potential misuse of authority (United States Courts, n.d.).
For instance, the Supreme Court’s Obergefell v. Hodges decision in 2015 mandated that states permit and recognize same-sex marriages to comply with the Fourteenth Amendment (Cornell Law School, n.d.). The Court’s decision overturned state laws that prohibited same-sex marriage and provided those in same-sex partnerships with comparable legal protection (Cornell Law School, n.d.). A case like this illustrates how the legal system defends the rights of underrepresented populations.
Conclusion
In summary, crucial components of the legal system are the independence of the judiciary and judicial review, which prevent injustice and the misuse of power. A neutral court is required to ensure that the law is followed. Upholding their independence from the government, judges are unconstrained and can only make objective conclusions based solely on the law and the evidence, free from outside influence or interference.
Another aspect of the legal system’s superior protective function is its capacity to conduct judicial reviews. Consequently, it can be claimed that the judicial system is essential to ensuring that each branch of government understands the boundaries of its own authority. The Constitution protects underprivileged groups, and the courts enforce it.
References
American Bar Association. (20219). Rule of law and the courts.
Constitutional Accountability Center. (n.d.). Hawaii v. Trump.
Cornell Law School. (n.d.). Obergefell v. Hodges.
United States Courts. (n.d.). About the Supreme Court.
