Constitutionally Independent Court

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As far as the question as to whether the formation of a constitutionally independent court is possible with or without the presence of a republican form of government is concerned, there are a couple of things that need to be understood in this context. Firstly, in most of the countries, where a republican form of government is in place, the concept of judicial independence and liberty is also implemented and exercised. This concept basically enforces the fact that judges and judicial processes must be completely free from any other branches of the government. The exclusion of the judicial system from other branches of the government ensures that the judicial processes are not influenced or manipulated by political as well as other private …show more content…

At the same time, it is also important that when dealing with cases in which top officials of the government or members of the parliament are involved, it is important that judges or the court hearing the case or the people who are responsible for the ultimate ruling or judgment that will be provided for the case are often manipulated and provided with various offers and incentives from different stakeholders present in the case to turn the judgment of the case in their favor (Hamilton, …show more content…

The Court then expanded its powers, under the leadership of Chief Justice John Marshall, into the policy-making arena by asserting its power, under Marbury v. Madison (1803) to declare an act of Congress unconstitutional. A few years later, the Court also claimed the right of “judicial review” – a similar power to declare the actions of state legislators unconstitutional. Since Judicial review is a feature that sets American courts apart from those in other countries. Would Judicial Review help newly created constitutional courts (in other countries) to gain

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