Posted: March 5th, 2023

When and how does judicial power expand

Judicial power can be defined as the authority of courts to consider and decide cases in a court of law, or to review and interpret laws. This is an important aspect of any judicial system, and one that has been evolving over time. Judicial power can expand through several means, including legislative action, constitutional amendment, court decisions and other means such as executive orders.

Legislative Action: One way for judicial power to expand is through legislation passed by the legislature. Through legislation, the legislature can grant certain rights to courts which they may not have had previously or create new avenues for judicial intervention in public policy issues such as speech restrictions on public forums (Branham & Steigerwalt-Kokemoor 2020). In this way, legislatures are able to provide additional powers to courts which allow them greater flexibility in their decision making process.

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Constitutional Amendment: A second method by which judicial power might expand is through a constitutional amendment – either state or federal – that specifically grants additional powers to the judiciary. For example, the 14th Amendment of the US Constitution states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” (US Const amend XIV), thereby giving further ability for federal courts to intervene on behalf of individuals whose rights may otherwise be violated under state law (Branham & Steigerwalt-Kokemoor 2020). This type of amendment allows legislatures or even voters direct control over how much authority they want their judges to have when considering certain types of cases within their jurisdiction.

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When and how does judicial power expand

Court Decisions: Lastly, another way that judicial power could be expanded is through rulings made by appellate level judges in particular cases involving questions related to civil liberties and government intrusion into private matters (Branham & Steigerwalt-Kokemoor 2020). These rulings often set precedent for other lower court decisions on similar issues down the road. As such, it is not uncommon for appellate court decisions concerning individual liberty protections against government intrusion into private affairs ultimately become accepted legal standards upheld by all levels of courts throughout different jurisdictions nationwide (Poe et al., 2019).

Overall then, there are several ways that judicial powers can expand over time depending upon how governments choose act on these matters either legislatively or judicially–both at State and Federal levels—through amendments and/or court decisions based upon changing interpretations from existing case law concerning civil liberties protections against government actions infringing thereof.. By utilizing these methods together with more active input from all branches within our tripartite system—executive branch included–judges will be able extend their reach significantly beyond what was previously possible before thus providing us with a better balance between our right versus wrongs while also opening up new areas where justice may prevail due largely towards increased oversight capabilities granted thereto courtesy via various forms mentioned heretofore presented hereinabove altogether..

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