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Understanding the Clauses of Judicial Review, Essay Example

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Essay

The Position of the Supreme Court on Issues Regarding Internet, Abortion Rights and Terrorism

In consideration with the procedures and principles that are accepted to be definite and distinctive in relation to democracy, the existence of the doctrine of the judicial review implicates the capacity of the people’s court to have a “say” on what is to be accepted as lawful and what needs to be considered as not. In relation to controversies such as that of topics relating to morals and natural security, the judicial review system is utilized to examine whether or not a particular ruling coincides with what the court believes to be true and effective hence representing what the public deems to be lawful.

The changes in the ruling system is specifically affected by the manner of conditioning that the government system recognizes the power of the Supreme Court. The question behind whether or not they should be able to change rules or the statements that are related to their existence carries on a great burden that pursues the favorable position of the public on issues that affect them personally as residents of a particular country. In the United States of America, the doctrine of judicial review plays a key role in retaining the integrity of democracy in the country. It is with the condition of imposing how much power the Supreme Court has over the constitution and its application in actual situations that involve social issues that the judicial review becomes effective as applied.

For instance, when it comes to the utilization of the internet and the security policies that ought to be implicated along with it has received controversy among several users around the globe. In the US alone, the implication of SOPA or the Stop Online Piracy Act received so much criticism from the users. Nevertheless, because of the urgency of the matter and because of the recognition of the rights that belong to the owners of films and other entertainment entities, the said act has been approved and was passed for actual application, which later on resulted to the termination of the license of different uploading and downloading sites in the internet.

Another issue to note is that of the consideration over the legalization of abortion. Life versus health is the ground foundation of this debate and up until these days, the debate continues. Ruling towards this particular issue shall involve the judicial review’s power on differentiating the primary priority of the government. The legalization of abortion on some grounds should then be carefully outlined therefore not leaving any faulty clause on the application of the law that could be possibly pursued in relation to the said issue.

Terrorism on the other hand and the stereotyping of individuals coming in and out of the United States involve the possible indication of the involvement of discrimination on the matter. With the power of the application of the judicial review, the supreme court could try to impose a law that could regulate random profiling on possible terrorists who might come in the country. Nevertheless, this does not leave them free of responsibility especially when it comes to defining what particular criteria of profiling should be recognized in line with the identification of a terrorist.

Distinctively, the Supreme Court reserves the power and authority to decide on matters that are consistently disturbing the society. In respect of the condition of the thinking of the society, the utilization of the judicial review aims to balance out the process by which the value of the government and the value of the people are properly recognized in relation to the application of a particular law. Hence, the involvement of the Supreme Court in the process does create a great impact on determining the power of the people to make the law more accustomed to what they think should be implicated in their own society.

References

Jayapalan, N. (1999). Modern Governments. Atlantic Publishers and Distributors.

Beatty, D.M (1994). Human rights and judicial review. Martinus Nijhoff Publishers.

Wolfe, C. (1994). The American doctrine of judicial supremacy. Rowman & Littlefield.

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