There would be no general permanent law for courts to administer, or for men to live under. The administration of justice would be an empty form, an idle ceremony.
The United States Legal System is based on the Constitutional law, which relies on the Constitution as the supreme law. With this subject in mind, is correctly to assume that being subjected to interpretation, the Constitution also may imply the grounds for further laws, more exactly what can or can not be ruled as a law.
But the courts can verify their constitutionality only if someone challenges it and brings it before them. In deciding a constitutional issue, there were identified six forms of constitutional argument: The historical argument is largely associated with the theory of original intent or original understanding, under which constitutional and legal interpretation is limited to attempting to discern the original meaning of the words being construed as that meaning is revealed in the intentions of those who created the law or the constitutional provision in question.
The textual argument, closely associated in many ways to the doctrine of original intent, concerns whether the judiciary or another is bound by the text of the Constitution and the intentions revealed by that language, or whether it may go beyond the four corners of the constitutional document to ascertain the meaning.
Using a structural argument, one seeks to infer structural rules from the relationships that the Constitution mandates. Doctrinal arguments proceed from the application of precedents. Prudential arguments seek to balance the costs and benefits of a particular rule.
Ethical arguments derive rules from those moral commitments of the American ethos that are reflected in the Constitution. These aspects of the judicial review can be applied on a variety of rights and liberties and further on, will be followed in the analysis on the right to life. Essay UK - http: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question?
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Medicine essays Miscellaneous essays Psychology essays Religious studies essays Science essays Sociology essays Essays menu. This power relies on three main ideas: The term of law of the land was explained by Daniel Webster in his oral argument in the Dartmouth College case: This refers to cases brought before them on appeal. The Court is not to supplant or substitute its own judgment in the decision but it is to ascertain whether the government body in arriving at such decision did so according to legislation.
Traditionally, courts intervene only in cases where the power used is not allowed by law ultra vires , or when the body acted in an irrational or unreasonable manner. The court then can only intervene in these cases. The exercise of executive discretion must be within the bounds of the legislation granting it otherwise, the act or decision shall be deemed as ultra vires act. In a relatively recent case of Council of Civil Service Union v Minister for the Civil Service the grounds for judicial review had been laid down.
The three grounds are illegality, irrationality, and procedural impropriety. The grounds for judicial review are not limited to the enumeration made in the case considering that those are not exhaustive and exclusive.
There is illegality when there is ultra vires i. There is also illegality when the body further delegates its authority to another. There is this principle of law that the power delegated by law to a body can no longer be further delegated. Another case of illegality is when the body fails to consider or disregards the consideration of a material fact or issue in arriving at a decision. This means that in order to arrive at the decision one has to apply the rules of logic and reason.
There is procedural impropriety when the parties are deprived of their opportunity to be heard or when there is bias or when no consultation is conducted properly as required by the Code of Practice on Written Consultations whenever there is a change in policy. Moreover, there is also procedural impropriety when the tribunal fails to give reasons upon which the decision rests so that the losing or winning party would know he has lost or won. Another instance of procedural impropriety is based on the doctrine of legitimate expectation.
This occurs when the one who having the authority to make the decision, by his clear conduct or words promised a benefit to a recipient who relied on it. Before the enactment of the Human Rights Act in , the courts make statutory interpretations of domestic laws in the light of the rights and duties contained in Conventions in cases of contradictions and inconsistencies.
For instance, in the case of Taylor v Co-operative Retail Services, where the court ruled that Taylor cannot be granted compensation for his dismissal on account of his failure to join a union considering that under the domestic laws, specifically Acts of and such dismissal is allowed albeit in contravention of the European Convention of Human Rights.
Thus, the dismissed employee may recover compensation from the ECHR. The Human Rights Act implements and gives more force to the provisions of the Convention.
The enactment and passage of the Human Rights Act paved the way for those injured by the unlawful acts of public authorities to raise them before the domestic courts for judicial review.
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