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Morgarella [4.7K]
3 years ago
13

Why is judicial review although not mentioned in the constitution,an important activity for the Supreme Court?

History
2 answers:
fiasKO [112]3 years ago
7 0

The doctrine of judicial review refers to the ability of a court to examine statutes, treaties and regulations that contradict provisions of existing law. This means that the courts are authorized to review decisions made by the executive and legislative branches.

This is an important faculty of the Supreme Court, even though it is not mentioned in the Constitution. Instead, this authority derives from the structure and history of the Constitution. This ability of the Court ensures that no law goes against the spirit of the Constitution. It also limits the freedom of the other branches when it comes to legislation.

riadik2000 [5.3K]3 years ago
3 0
They make serious rulings. It gives the authority to decide whether a law is constitutional. It was the famous case of Marbury v. Madison in 1803.

Good luck :)
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The origins of "Divine Command Theory" stem back to a dialogue written by Plato, which has the philosopher Socrates engaged in discussion with Euthyphro about the meaning of piety or goodness.  Socrates was being accused of impiety in Athenian court.  Impiety to the Athenians meant conduct that was displeasing to the gods.  At that same time, Euthyphro was at court in Athens to prosecute his own father for having killed a servant.  Socrates asked the kinds of questions he normally did, pressing Euthyphro how he knew that prosecuting his own father was a good thing.  Euthyphro said punishing wrongdoers for wrongdoing was the pious thing to do, no matter who the wrongdoers are.  Socrates then asked Euthyphro to how we know what "piety" is -- and Euthyphro said it was doing that which is dear to the gods.  That's the "divine command" theory in a nutshell.  Bear in mind, as the dialogue between Socrates and Euthyphro continued, there was much more nuanced thought about how well that definition works.  Socrates asked, for instance, "whether the pious or holy is beloved by the gods because it is holy, or holy because it is beloved of the gods."  That became a difficult conundrum for their consideration in the dialogue.

The Abraham story in the Bible follows the "divine command theory" idea. When God commanded Abraham to sacrifice his only son Isaac, the fact that God commanded it would make it right, according to divine command theory -- even though the act itself seemed horribly wrong.

Bob Dylan played with that idea in the lyrics to his song, "Highway 61 Revisited," from the album <em>Highway 61 Revisited </em>(1965) ...

<em>Oh, God said to Abraham, "Kill me a son"</em>

<em>Abe said, "Man, you must be puttin' me on"</em>

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