american 2
In all democracies courts play some political role, but none has such formidable political power as the Supreme Court of the United States. As the final court of appeal, it has the power through judicial review to declare any action by any branch of government unconstitutional. This essay is going to examine whether the un-elected Supreme Court with the power of judicial review adds to, or is incompatible with democracy. However to understand why the Court was given, or indeed was allowed to have such far reaching power it is necessary to look at the political system of the US and how it originated. ‘[It] is …the most wonderful work ever struck off at a given time by the brain and purpose of man’ (Maidment, 2000, p.3). This is how William Gladstone described the Constitution of the United States. The Constitution and later The Bill of Rights was conceived and formulated with one fundamental idea in mind and that was to prevent tyranny and the misuse of power. The main fear was that majority factions would, if not controlled threaten the rights of minorities Thus all individuals have natural rights to life, liberty and the pursuit of happiness. It must be noted that the framers of the Constitution (The Founding Fathers) did not s
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Approximate Word count = 1688
Approximate Pages = 7 (250 words per page double spaced)
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