ROLE OF JUDICIARY

The Role Of The Judiciary In The British Constitutional System Has Been Strengthened Significantly In The Last Fifty Years

The Role Of The Judiciary In The British Constitutional System Has Been Strengthened Significantly In The Last Fifty Years

The role of the judiciary in the British constitutional system has been strengthened significantly in the last fifty years it role extends beyond protection of the individual to protection of minorities (Tomkins 2003 p. 98). Majority rule is the benchmark of parliament decision making in a democracy. However, the framers also recognized the dangers attendant to majoritarianism. A small group, a minority, can be disadvantaged for the benefit of the majority. The judiciary, with its attributes, is responsible for protecting minorities from the abuses of the community.

Since the adoption of the Constitution, the judiciary has grown significantly, both in size and the jurisdiction. The increase in jurisdiction is mostly attributable to question jurisdiction. As the parliament has extended its sphere through the necessary and proper and commerce clauses, the jurisdiction of the judiciary has grown concomitantly (Tomkins 2003 p. 98) (Tomkins 2003 p. 99). The Reconstruction amendments (Thirteen through Fifteen) and civil rights legislation enacted to enforce them have also contributed to the expansion of the jurisdiction of courts, probably far beyond what the framers imagined. Although courts hear a large variety of cases today, including many the framers did not anticipate, they have not usurped the role of state courts. In fact, over 95 percent of all civil and criminal cases heard by state courts.

Another role the judiciary plays are that of guardian and protector. This role has two related features. First, the judiciary acts as the guardian of liberty, justice, and civil liberties. Second, the judiciary acts as a parliament referee, overseeing the state and parliament to be sure that separation of powers and principles adhered. Based in the Parliament claimed rights and privileges solely on customary law and traditional rules of procedure, which the Speaker of Parliament (Parliament Speaker) are at the beginning of each new session of Parliament once again made known and emphasized. Among the most necessary privileges include freedom of speech (already enshrined in the Bill of Rights of 1689) and the competence to give themselves rules of procedure (House of Commons Standing Orders, House of Lords Standing Orders). The Rules of Procedure of Parliament, at the same time an element of the constitutional order of the British political system, i.e. it concretized constitutional norm. The Rules specify namely the duties and powers of the committees, the legislative process and the legislative process. For example, financial bills and financial laws of the crown can only be introduced by the government i.e. the rules no constitutional right in a narrow as guidance. The United Kingdom has three jurisdictions: England and Wales, Scotland and Northern Ireland. Previously, he was second in the Lord Chancellor, but that lost property office of its judicial functions under the Constitutional Reform Act 2005 (Turpin 2007 ...