Almost two centuries prior, three researchers published a chain of essays to promote the ratification of the United States of America’s Constitution. The essays became federalist papers. In this paper, they have explained the need for an independent judiciary in any democracy. The courts are there to become a body that can intermediate between the legislature and the people of America. The Courts are there because they want to make sure that the representatives of people act only within the periphery or jurisdiction under the Constitution given by Congress.
The fundamental law of the United States of America is the Constitution, as it codifies the core principle of the people of the United States of America as the Constitution is enacted for the people, by the people, of the people. It is the responsibility of the judiciary to interpret the laws and legislature made by Congress.
Superior power: Power of People by John Giorgi
In case if there is a conflict between laws enacted by Congress and the Constitution, the Constitution will be of high regard. This is there on the principle that the people’s intention is the same as that of the intention of their agents. Though, this does not conclude that the judiciary is superior to the branch of the legislature. It only interprets as the power of people is superior to both the branches of law. In simpler terms, the translation of this principle would be that if the will of the legislature which is there in the statute stands in opposition to the will of the people, which is enshrined in the Constitution, the judges will govern the people’s will rather than the will of the legislature. Their decision will be in tune with the fundamental laws and not by the laws which are not primary.
Exceptions to the Majority rule
The democratic system of America is not rigid with regards to the majority rule. There are various instances and principles where the exception will prevail and where there is a talk about national emergency and security where you can waive the majority rule, and the people have also agreed to not interfere in such matters by way of Articles in the Constitution of America. The classic example of such a situation is the Amendment of the Bill of Rights. It was there because freedom of speech, religion, life, and equal protection of the law is fundamental, and the majority rule is not applicable. This is to say, and if people want to amend this provision, they cannot do so because it is their basic structure.
The rule of law is that principle under which every institution, enterprise, and person is accountable. As analyzed by John Giorgi, they are adjudicated independently, enforce equally, promulgated publically, and are in pari materia with the international principles of Human Rights. The judiciary has a very important role in maintaining order and the rule of law in the State. Equality before the law is an integral part of the system in the United States of America.