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What is meant by the rule of law and to what extent can law be separated from politics Essay Example

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What is meant by the rule of law and to what extent can law be separated from politics

A majority of the participants were enthusiastic about the role of judicial review in addressing popular initiatives (Christamann 2013, p. The observation shows that the judicial review process does not only gain its legitimacy from the constitution but also through acceptance by the majority. The observation shows that the law and the political process are intertwined. However, judges have the mandate of regulating political activities. They can make a ruling against popular initiatives and still claim legitimacy. The article shows that the law and the politics are separable to some extent. However, it also shows that the political process and the rule of law are closely intertwined. The article is credible because it focused on a study of Switzerland and some states in the United States such as California. In addition, it has a detailed methodology that other researchers can replicate in order to confirm its reliability.The article employs data to examine the relationship between the judiciary and the Communist party in China. The China Journal is a reliable source of information about China. In addition, the Communist regime provides an interesting case study on the influence that the political class on the legal process. The article states that the Court is usually forced to get help from the Communist party in order to enforce its authority. The observation shows that the political process determines the legal outcome in China. The Court has tried to innovate to enhance its independence and integrity. However, as long as the Communist Party maintains a strong grip over all the three arms of government, then it will have to rely on political will power to enforce the rule of law. The article shows that the separation of politics and the law is wider in democratic countries that have adopted the principle of separation of powers. Consequently, the separation of politics from the law relies on the willingness of a given country to adopt a more accountable system of government.The article highlights the different ideologies concerning judicial decisions. One side argues that judges are influenced by the constitution only. In contrast, the other side argues that the judicial decisions are dependent on multiple factors. Besides their interpenetration of the Constitution, the judges are influenced by their political and religious beliefs. The Supreme Court in the United States has a partisan structure. The judges enjoy life tenure.

References

Christamann, A 2013, Anti-minority votes and judicial review, Acta Politica, vol 48. pp. 429-

458. [Online] Available at

http://www.palgravejournals.com/ap/journal/v48/n4/full/ap20137a.html [13 March 2015].

Howard University 2013, The Coming Constitutional Yo-Yo:? Elite Opinion, Polarization and

the Direction of Judicial Decision making, Howard Law Journal, vol 56, no 3. pp. 661-670.

[Online] Available at http://www.law.howard.edu/dictator/media/229/how_56_3.pdf [13 March

2015].

Sales, P 2012, Judges and legislature values into law, Cambridge Law Journal, vol 71, no 2. pp.

287-296. [Online] Available at http://www.statutelawsociety.co.uk/wp-

content/uploads/2014/01/Judgesandlegislature-CLJoffprint.pdf. [13 March 2015].

Xin, H 2013, Judicial Innovation and Local Politics: Judicialization of Administrative

Governance in East China, The China Journal, vol 69 [Online] Available at

https://www.questia.com/library/journal/1P3-2894193951/judicial-innovation-and-local-politics-

Judicialization [13 March 2015]

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preview essay on What is meant by the rule of law and to what extent can law be separated from politics
  • Pages: 5 (1250 words)
  • Document Type: Annotated Bibliography
  • Subject: Law
  • Level: Undergraduate
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