Judicial Review The Face Of Legislative Inertia - 799 Words

Some might question why, even in the face of legislative inertia, courts can be trusted to resolve difficult legal questions. This argument misses the mark. First, the Court should decide legal questions that are suited for judicial review and that result in workable rules to guide lower courts, regardless of outcomes. In other words, this test speaks to ensuring fairer processes, not favorable outcomes. As Professor Issacharoff states, an â€Å"individual or a group should be allowed to participate in political decisionmaking regardless of whether it will make any difference to the result.† Other may claim this proposal would open the floodgates to litigation and unduly burden the federal courts. Such an argument fails to account for the substantial burden that this test places on litigants. Indeed, access to the courts would only slightly increase for a discreet class of litigants who can make a prima facie case that a challenged law violates a constitutional right. The additional requirements – the unavailability of redress in the legislature and the workability of a judicial resolution – would ensure that only meritorious cases presenting issues particularly suitable for judicial review would be heard. The upshot is that a relatively small but significant number of litigants would gain access the courts. In doing so, courts would strike to protect politically powerless and traditionally disadvantaged groups who are vulnerable to the abuses of entrenchedShow MoreRelatedThe Function of the Judiciary Within the Constitution of the United Kingdom2659 Words   |  11 PagesStephen lifted the veil in a way that might come as a surprise to those who suppose that judicial candour is a particularly modern prerogative: every decision on a debated point adds a little to the law by making that point certain for the future. Indeed, whichever way this case may be decided, it will settle the law upon precise point involved, and it is this which gives to judicial decisions their great importance[4] Yet, we still have not fully explored the implicationsRead Moretexas constution11227 Words   |  45 Pagesdesigners never completely rewrite the constitution with which they start. Fundamental and piecemeal changes as well as carry-over from previous constitutions are clearly evident in the seven constitutions under which Texas has been governed. Next, we review the structure and content of the current Texas constitution. Of special concern here is the length, detail and overall organization (or disorganization, as some critics might have it) of the fundamental plan of state government and cornerstone ofRead MoreDeveloping an Effective and Efficient Tax System in a Developing Economy - a Case Study of Ghana29843 Words   |  120 Pages |4-5 | |1.3 | |Significance of the study |5-6 | |CHAPTER TWO: LITERATURE REVIEW | |2.0 | |Introduction |7 Read MoreOverview of Hrm93778 Words   |  376 PagesDiscipline HR auditing Copyright  © Virtual University of Pakistan 5 Human Resource Management (MGT501) 40. 41. 42. 43. 44. 45. HR control process Leadership Leadership in organization Employee separation International dimension of HRM Conclusion Review. VU Key Terms Human Resource Management The staffing functions of the management process. Or the policies and practices needed to carry out the â€Å"people† or human resource aspects of a management position, including recruiting, screening, trainingRead MoreExploring Corporate Strategy - Case164366 Words   |  658 PagesMark Rodol, took over as chief executive and launched a strategic review of the whole business. Rodol commented on Palumbo’s exit: James is an entrepreneur – but what is going to make this business great is a focused, long-term brand strategy. To his credit James has had the foresight to step aside and let the people who understand and believe this run the company. It’s about a difference in style.6 As to the strategic review, Rodol observed: Over the years, we’ve pursued a number of opportunities