The Importance of the Judicial Branch
Note: In Week 2, the Application Assignment is to be completed before the Discussion question.
The judicial branch of government is a system of courts that adhere to American jurisprudence; the philosophical underpinnings of the justice system. Courts are apolitical and have the responsibility of interpreting laws as they apply in each case. Public policies often are challenged in the court system. A judicial review is a specific process enacted by the courts to resolve disputes between branches of government, administrative agencies, or the public. You learn more about administrative agencies next week. However, the courts play a vital role in resolving disputes that impact the creation and execution of law and public policy.
In the readings this week, you explore historical cases that set a 40-year precedent of how the Supreme Courts ruled on public cases. You also consider how courts evolved and challenges that make the role of the judicial branch in law and public policy vital.
To prepare for this Discussion:
- Review Chapter 3 in the course text, Administrative Law and Politics: Cases and Comments. Pay close attention to the historical background of the Munn v. Illinois and Lochner v. New York cases. Think about the historical implications of these cases on the current process of judicial review.
- Review the article, â€œDoes Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court.â€ Reflect on how the judicial branch impacts policy decisions and how their positions influence future court rulings.
- Review the article, â€œTo Preserve Meaningful Judicial Review.â€ Consider the role of the judicial branch in the creation and execution of law and public policy.
- Review the assigned pages in Chapter 10 of the course text, Administrative Law and Politics: Cases and Comments. Think about how the courts resolve disputes and how this impacts the creation and execution of law and public policy.
- Review the handout, “Fundamentals of Law and Public Policy â€“ Resources” (Provided in the Introduction area). Using the Walden Library, select a research article that illustrates the importance of the judicial branch (e.g. â€“ the courts) in the creation and execution of law and public policy.
With these thoughts in mind:
Post by Day 5 an explanation of the importance of the judicial branch in the creation and execution of law and public policy. Support your answer with the research article you chose.