Judicial Review is one of the most sacred (in legal perception) instruments of civil rights. The UK & USA were founded on principles that everyone has civil rights. Those rights went on to include, all white men. then black men, then women (the feminazi is still debatable). A Civil Right is more than a right at law. It is right that we as sentient human beings feel we need to survive, which then the courts or legislature may recognize then becomes a right at law. A right at law, is a written "right" for all to read. The USA brought about the first human rights laws printed on a single sheet of paper for all to read. These are general rights found in the Bill of Rights as amended that are meant to be further discovered by application of daily living--"inalienable rights". We may claim that we have a certain right based on one of those general rights. For example, a right to privacy. What is privacy? A right to protection of my person and papers. What does that mean? The state cannot come into your home to take your personal property with out your permission or without a warrant. The state cannot arrest you without a cause or warrant. Judicial Review is a legal instrument that puts a check on the power of the Judicial, Legislative and or Administrative branches of Government, whether they be local, state or federal. Judicial Review is a tool in the hands of a person to protect themselves from the arbitrary actions of government. This tool asks to unveil: what has the government done beyond its powers , ultra virus. It then may go onto to ask is: what civil right(s) has the ultra virus act breached, whether written or not. If a breach has been found to exist, then damages may be in order or some sort of restitution. When Christians complain to the courts that the Government has acted illegally towards them, violating their civil rights. What they are also saying is that a judicial review should be held investigating the actions of the government. A right to a judicial review of any local, state or federal act is an American Constitutional right. It is a British Constitutional Right It is a right for left wingers and right wingers or no winger at all. That same right holds in American and English Courts. It may be that the time to discuss limiting the powers of the executive and legislative, or increasing the powers of the Judiciary. Nonetheless, Judicial Review is a phenomena of a Republican form of Democracy. Without Judicial Review, we have dictatorship! Next issue is: a standard of Morals.
Posted on: Mon, 09 Sep 2013 12:17:35 +0000
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