IS JUDICIARY MORE POWERFUL THAN LEGISLATURE AND EXECUTIVE IN USA?

2017-05-01 5:07 pm

回答 (6)

2017-05-01 9:48 pm
The system really does give you that impression, doesn't it?
Theoretically, if the judiciary has the power to strike down laws and executive orders, then it must be more powerful than the legislature and executive, shouldn't it be?

But that's not necessarily the case. Firstly, in order to strike down legislation or directives dealt by either the legislature or the executive, the court needs to have constitutional grounds for doing so. Now, that obviously can be rather broad, depending on how you interpret the Constitution and its applicability in this day and age.

But secondly, while the judiciary can strike down laws, it can't make them: and that is where the legislature and executive have the upper hand. A judiciary might be able to make decisions with broad results, such as the legalisation of abortion or gay marriage. But it can't tell a government how to achieves that result. That gives the government a great deal of leeway to do what they can short of contravening the broad decision.

For example, while Roe v. Wade legalised abortion, it didn't legalise ALL abortion. All it could do was recognise that there were conditions under which women must be able to receive legal abortion. This has allowed legislatures to introduce TRAP legislation that restricts access to abortion, but falls short of banning it.

The judiciary must have this power to render the legislature or the executive's moves invalid in order to protect the Constitution. Otherwise, the legislature and executive could place in whatever measures they wished even in contravention of the Constitution. But in the end, the judiciary still has significant constraints put on it so that even it can't rule the country on its own whim.
2017-05-02 10:56 am
No, but what we are well looking at is a "rubber stamp" Supreme Court that will automatically defer to the Executive and Congressional simply because they are ideological bedfellows. It will be a horrible state, indeed, when the SCOTUS simply asks, "Well, what does the (Republican) Congress or the (Republican) President want? We'll give it to them." At that point, the "separation of powers" will have been dissolved, and we will all be screwed.
2017-05-02 4:42 am
the law has to be more powerful than anything else otherwise society could not function
2017-05-02 1:36 am
No. Treasury Dept and Federal Reserve are most powerful
2017-05-01 9:22 pm
None have more power. It's called checks and balances.
2017-05-01 6:00 pm
Actually, the judiciary is what is supposed to protect you from legislators and executives. Think about this for a bit. If you didn't have a judiciary, you'd have a dictatorship.

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