Ideology and the role of the judiciary are frequently in tension. In Six Great Inventions in the Art of the Government, Samuel Finer praises Judicial Review as one of the practices that established and shaped the modern state. He sees the Supreme Court’s ability to interpret a case to protect American citizens as foundation of an effective government. Nonetheless, Judicial Review is more applicable as a doctrine than as an unchanging invention. Theodore Lowi’s piece Bend Sinister: How the Constitution Saved the Republic and Lost Itself would inherently disagree with Finer.
It has over the period of time changed from a mere spectator to a proactive player. This is what one calls as judicial separation in general terms. The Indian judiciary has taken upon itself the task of ensuring maximum freedom to the masses and in the process, to galvanize the executive and the legislature to work for public good. Judicial activism is basically a deviation from Separation of power principle. Judicial activism is based on the theory of Jurisprudence called Sociological Jurisprudence, which arms the judiciary with wide legislative and executive powers.The traditional understanding of the judicial process is that while the legislature makes laws and the executive implements them, the judiciary’s function is only to interpret and apply
The Judiciary Act of 1789 represented a compromise between those who wanted the federal courts to exercise the full jurisdiction allowed under the Constitution and those who opposed any lower federal courts or proposed restricting them to admiralty jurisdiction. The act acknowledged the legitimacy of the state courts and protected individual rights at the same time that it assured the supremacy of the federal judiciary. Extending the jurisdiction of the circuit courts to cases in which the parties were residents of different states greatly enhanced the importance of the federal courts. One of the most controversial provisions of the act, Section 25, granted the Supreme Court jurisdiction to hear appeals of decisions from the high courts of the states when those decisions involved questions of the constitutionality of state or federal laws or authorities. That and other provisions, such as the requirement for circuit riding, provoked frequent demands for revision of the act, but the basic outline of a multi-tiered federal court structure operating alongside state courts survives
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
Constitutional review is vital. It is the power of an establishment to nullify legislation, government decisions, and other acts of the command that violate constitutional rules, such as rights. It has been created in order to defend the omnipotence of the constitution and the rights contained within. Since Entdeckungland now will focus on the rights of the people and become a minimalist democracy, the promises for human rights to the people must be upheld, thereby possessing the need for this type of review. The new nation will follow the American Model of constitutional review, suggesting that any law can be declared unconstitutional by any judge at any time.
Since Thomas Jefferson told Madison to not deliver the commissions, he is therefore denying Marbury’s right to his position. Marbury’s given right is therefore being denied, which means he was allowed to sue in court. To prove that Marbury was allowed to take this to the Supreme Court, there have been examples of people who did so prior to Marbury himself. William West had represented himself in the Supreme Court in 1791 after an issue with paying with paper money after David Barnes, a well-known attorney, refused to allow paper money payments (Revolvy). People therefore have showed up in the Supreme Court before Marbury has, so if they were allowed to, then surely Marbury could have taken his case to the Supreme Court if he had good reason.
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
The paper was written to explain and defend all the ideas from the US Constitution. The Federalist Paper No. 78, is the first of six essays written by Alexander Hamilton about the role of the judiciary system in the US government. Hamilton wrote two of the six papers about eh judiciary. The first essay he talks about the importance for the judiciary system to be separated from the legislative and executive, while the second was his conclusion of how the system should work.
 Since judges have a duty to defend rights, they must step in and make rulings to defend such rights.  The character of judicial cognitive is not one of discretion, then, but of a duty to search a judgement based on principle that shields civil