• Role of the judiciary

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    The role of the judiciary is multifaceted and crucial for maintaining the balance of power within the government. Here are key insights from experts on the role of the judiciary:

    1. Constitutional Interpretation and Checks and Balances: Alexander Hamilton, in Federalist Paper No. 78, argued that the judiciary acts as the ultimate check against the tyranny of the executive and legislative branches. The judiciary's primary role is to void unconstitutional laws rather than exercise executive or legislative powers 1.

    2. Judicial Review vs. Judicial Supremacy: Ben Shapiro differentiates between judicial review and judicial supremacy. Judicial review involves the judiciary deciding whether a law conflicts with the Constitution. However, judicial supremacy, where the judiciary's interpretation is paramount over other branches, is not supported by either law or theory and can lead to an oligarchy if unchecked 2.

    3. Impartiality and the Democratic Republic: The judiciary is designed to act as a check on popular passions, maintaining non-partisanship. Judges are expected to interpret statutes and the Constitution accurately, without bias towards any social or political group. This ensures that justice remains consistent and not driven by empathy or individual circumstance 3.

    4. Challenges in Trust and Integrity: The public's trust in the judiciary is vital. Even though courts have made significant errors in history (e.g., Plessy v. Ferguson), maintaining faith in the judiciary's impartiality is essential for the system to function effectively. This trust ensures that, despite flaws, the judiciary continues to play its role in safeguarding justice and constitutional integrity 4.

    5. Role During Laws and Disputes: The judiciary is responsible for interpreting and applying the law, resolving disputes (criminal and civil), and ensuring statutory laws comply with constitutional principles. The independence of the judiciary is crucial to preventing political forces from encroaching on its capacity to ensure fairness and justice 5.

    These insights underline the judiciary's foundational role in maintaining the rule of law, ensuring governmental checks and balances, and preserving public trust through impartiality and consistent enforcement of constitutional principles.

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