Perhaps the judicial system plays an important role in some democratic society and in others it is the parliament sovereignty e.g. UK which means the parliament is the supreme lawmaker body and courts cannot nullify acts of it (Masilamani, 2014).
The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between judicial independence and Parliamentary sovereignty for the people of Australia, and to bring to an end the ongoing debate of whether Australia really needs a bill.
In England the rights and freedom of the people are protected through the Rule of Law, Charters, Acts of Parliament, and Judicial Decisions given from time to time. (6) Independence of Judiciary: In a democracy, it is responsibility of the judiciary to protect the fundamental rights of the people.
In general the judiciary is in a sense weaker than Parliament, which claims to the representative of the people, the real sovereign in a democracy. However, it plays an important role in the survival and strengthening of the people’s resolve to rule them and to protect their interests and liberty.
Democracy is a form of government in which all eligible citizens have an equal say in the decisions that affect their lives.Democracy allows eligible citizens to participate equally—either directly or through elected representatives—in the proposal, development, and creation of laws.It encompasses social, economic and cultural conditions that enable the free and equal practice of political.
Secondly a judicial system that is impartial and independent for the proper dispensing of justice and the protection of individual rights and freedoms. Lastly an executive is important to represent the sovereignty of a nation and lead the process of protecting the people and service provision.
Now the question is does the principle of Parliamentary Sovereignty ensure separation of powers between the three arms, the legislature, executive and judiciary. Parliament is the legislative arm and oversees the creation of laws.
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First published on the Judicial Power Project website on 1 February 2017 as part of a series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. I. Introduction II. The changing idea of judicial power III. Questioning parliamentary sovereignty IV. Engaging and resisting European courts.
Judicial Independence. What is judicial independence? Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the rule of law - that is, to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source.
For a successful democracy the existence of a free judiciary is a must. Without an independent judiciary, the system may be practically equivalent to dictatorship. Judiciary is the guardian of the constitution which is rooted in the Rule of law. The judiciary is the interpreter of the constitution.
Democracy, Popular Sovereignty, and Judicial Review Robert Postt It is eminently appropriate that the Inaugural Lecture of the Brennan Center Symposium on Constitutional Law be delivered by Frank Michelman, for no one could be more deserving or more enlight-ening. It is also appropriate that Michelman should choose as his topic.
Introduction Judicial independence, although often argued to be a fundamental concept to the rule of law, democracy and political stability, alarmingly continues to be contested and vague even in economically developed liberal democratic states recognized for the rule of law.
Sovereignty and Democracy. by Marc F. Plattner.. That was an argument about the proper locus of sovereignty and the appropriate scale of the state. Politicians can sometimes be heard voicing such concerns in Europe today, but in scholarly and intellectual circles the predominant tendency is not to argue about where sovereignty should be.
Independence Independence from whom and what? It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.Independence of Judiciary is very important facet to have democracy in free society. Therefore this is the reason why the framers of the Indian constitution at the time of framing the constitution of India were very much concerned to have independence of judiciary otherwise the term “fundamental rights” would become mere commodity or toy in the hands of political leaders.Judicial independence is the concept that the judiciary should be independent from the other branches of government or the politician in office. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.