Uniqueness in “Judicial Review versus Parliamentary Sovereignty”

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Essay #: 056268
Total text length is 6,621 characters (approximately 4.6 pages).

Excerpts from the Paper

The beginning:
Uniqueness in "Judicial Review versus Parliamentary Sovereignty"
Unique amongst the three branches of government in a democratic parliamentary sovereignty system are the role of the judiciary and the nature of judicial power. Unlike the executive and the senate or parliament, the judiciary is not held accountable to the people through election (Warren, 2008, p. 2). As such, the independent and non-political role of the judiciary within the democratic system sometimes creates tension with the political branches of government which fulfill a very different function (Warren, 2008, p. 2). In a system of parliamentary sovereignty, “...Parliament may make or unmake any law whatsoever; and secondly, that the law does not recognize any other...
The end:
.....’ role is merely to ensure that Parliament is respected effectively seems to be more congruent with authoritarianism rather than democracy.
References
Ginsburg, T. (2009). Judicial review in new democracies:
constitutional courts in Asian Cases. Cambridge: Cambridge University Press.
Loveland, I. (1993). Redefining parliamentary sovereignty?
A new perspective on the search for the meaning of law. Parliamentary Affairs, 46(3), 319-332.
The Court and Constitutional Interpretation. (
n.d
.).
Supreme Courts. Retrieved December 5, 2009, from http://www.supremecourtus.gov/about/constitutional.pdf
Warren, M. (2008). Unelected does not equate with
undemocratic: parliamentary sovereignty and the role of the judiciary.
Deakin
Law Review, 13(2), 1-16.