What is the role of an active judiciary?
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The role of an active judiciary is crucial for maintaining the balance of power within a government. It serves multiple functions:
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Checking Government Power: An active judiciary acts as a check against the tyranny of the executive and legislative branches. Alexander Hamilton, in the Federalist Papers No. 78, argued that the judiciary's role is as a check to ensure constitutional laws and void unconstitutional ones, without exercising legislative or executive powers 1.
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Upholding Individual Rights: According to Clint Bolick, an Arizona Supreme Court Justice, judicial activism is essential to uphold individual rights against majoritarian tyranny. He emphasizes the judiciary's responsibility to stand against unconstitutional actions by the government to protect individual liberties 2.
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Interpreting the Constitution: The judiciary's role includes interpreting the Constitution accurately and ensuring that laws comply with constitutional principles. This involves striking down laws that are found unconstitutional, maintaining a balance between governmental powers and protecting civil liberties 1 3.
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Non-Favoritism and Justice: Judges are expected to practice non-favoritism and ensure justice is the same for everyone, not driven by individual circumstance or sympathy. This principle ensures fair application of the law and prevents biased or outcome-driven jurisprudence 4.
The judiciary, therefore, acts as a crucial guardian of democracy and constitutional order, ensuring that no branch of government exceeds its powers and that individual rights are protected.
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