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Role of the judiciary in the country today
Reflection on human rights
Bureaucratic pathologies
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Recommended: Role of the judiciary in the country today
The judicial branch of government is seen as the protector and guardian of law and human rights. In American style judicial review, judges are meant to protect and uphold the integrity of the hierarchy of society’s legal norms. This means that legal norms are to triumph in any given case. As we know already, legal norms are the fundamental basis of any society. This makes it easy to have similar objectives among court systems. Any Judge has the power of constitutional review, in any case, to the extent that it may help resolve the case. To Europeans, this was seen as a confusion of power because it serves as a vehicle for the judiciary to act in a legislative form. Judges are meant to be separate from legislative duties and only apply the …show more content…
These two types are competitive and institutional. Competition isomorphism describes systems which emphasize market competitions and fitness measurements. Although this may fully and thoroughly explain bureaucratization it does not explain the institutional factors fully. Competition could be seen as a “mechanism of homogenization… that leads to the institutional convergence of organizations or institutional models of nation states because inefficient institutional solutions are eliminated” (Beckert, 2010, pg. 160). I focus more on the institutional type of isomorphism. In order for any system to grow it needs to be able to take on attributes from other already developed systems. To fully explain institutional isomorphism I will need to examine the mechanisms that make it up. Isomorphic changes occur through three mechanisms. These three mechanisms are Coercive isomorphism normative pressures and mimetic process. I will go in deeper detail about these mechanism and what implications they have.
The first mechanism is coercive isomorphism. Paul J. DiMaggio and Walter w. Powell explain this as “coercive isomorphism that stems from political influences” (pg. 150, 1983). This is directly influenced by culture and society. As institutions become more homogenous, with time it will cause more spread among other institutions. Normative pressures have to do with professional similarities. Simply this is the “great minds think alike” logic. This serves as a tool for legitimizing the choice of the institutional
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
The Hollow Hope examines the following research question: when can judicial processes be used to produce social change? (Rosenberg 1). Rosenberg starts out the book by describing the two different theories of the courts. The first theory, the Dynamic Court view, views the court as being powerful, vigorous, and potent proponents of change (Rosenberg 1). The second theory, the Constrained Court view, views the court in the complete opposite way. With this view the court is seen as weak, ineffective, and powerless (Rosenberg 3). In this view there are three different constraints that restrict the courts from producing effective political and social change. These constraints include: limited nature of constitutional rights, lack of judicial independence, and the lack of tools the courts need (Rosenberg 35). Even though there are constraints on the court there are conditions where the court is able to overcome the constraints.
Dahl conducted his study on the decision making of the Supreme Court and whether the Court exercised its power of judicial review to counter majority will and protect minority rights or if it used the power to ratify the further preferences of the dominant “national law making majority.” From the results of Dahl’s study he builds numerous arguments throughout his article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker”. In what follows, I will thoroughly point out and explain each of the arguments that Dahl constructs in his article.
To conclude, Institutional theory from my point of view works and goes along with the police, as it can be defined as being regulative, normative and cognitive which gives the structures and instability for the social behavior. Also, the causal roles of institutional theory values, norms, rules, procedures, structures, all lead to a particular outcome. The essential idea of institutional theory applied to the police, from my point of view I belief that the activities of police is understood in the environment context. It also gives a structure to the entire organizational; it’s the primary model for which the police department is organized.
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
In today’s society individuals/groups tend to behave, respond, adapt or become ineffectual depending on their surrounding environment. Individuals find it less tedious to conform to the majority vote than to stand out and speak their truth. Conformance has become a norm amongst individuals; we are pressured to conform to the majority vote just to feel socially appropriate. How can individuals grow and develop their own personality without voicing their opinions? Larger organizations tend to construe people into thinking they’re correct and what they are preaching is appropriate. When a group becomes institutionalized as an organization, it evolves shared beliefs, values, and assumptions (page 226). Formed by spontaneously developed relationships, formal groups are created by larger organizations. It is very important for formal groups to focus their attention on a set of beliefs, values, and composition. Introduced by Irving Janis, the phenomenon of “groupthink” was introduced to correlate group conformance on a higher level. Obtaining group dominance is crucial to many high-level decision makers in the government. This phenomenon has led to incompetent and disastrous decisions.
...d how mode of production was replaced by large corporate and government organizations. In short, an institutional pattern as such would not function in society unless somehow society was overpowered by demands or conditions.
Meyer , J. W. , and Rowan , B. “ Institutionalized Organizations: Formal Structure as Myth
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
- Institutions or the historical methodological approach of institutionalism, has value when applied to nationalism. Institutions themselves naturally promote a national identity that people identify
...eet customer demands thus flexibility is key. However there are criticism of post-bureaucracy for example if a company decides to subcontract due to insufficient supply of workers, this would decrease the workers production which would mean that the company is not flexible thus not agreeing with a feature of post-bureaucracy as well as there would be a key difference between pay. There are many factors encourage companies to move from bureaucracy to post-bureaucracy. For example technology requires companies to work together because they are innovative, a company can be skilled but there is always something the company cannot develop thus networking and sharing information is important. Bureaucracy could not cope with the pace of change; information technology meant that there was more external control allowing informal relationships and a minimal division of labor.
This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
"The richly divergent patterns of economic development around the world hinge on the interplay of critical junctures and institutional drift. Existing political and economic institutions - sometimes shaped by a long process of institutional drift and sometimes resulting from divergent responses to prior critical junctures-create the anvil upon which future change will be forged."(109-110) Institutional drift is introduced as an instrument to further explain institutional evolution; used to explain the process of economical change.
Thus institutional influences induce a certain degree of resemblance in structures and practices across organizations. Opposite to that is the resource-based view, which emphasizes an individual company’s capability to capitalize on its own internal resources and know-hows to differentiate itself from competitors in the same environment and build competitive advantage (Barney, 1991; Carmeli & Tishler, 2004; Collis & Montgomery, 1998; Wernerfelt,