The supreme court as the sole interpreters of constitutional law
These restrictions are meant to protect the independence of the judiciary from the political branches of government.
As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and thereby, also functions as guardian and interpreter of the Constitution.
In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution.
And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process.
In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. It is explicitly stated in its preamble, that the Constitution is the supreme law of the Democratic Socialist Republic of Sri Lanka.
However, when the Court interprets a statute, new legislative action can be taken.
Under the Constitution, it was the Constitutional Court that performed this task. The Court and Constitutional Interpretation "The republic endures and this is the symbol of its faith. Despite this background the Court's power of judicial review was not confirmed untilwhen it was invoked by Chief Justice John Marshall in Marbury v.
Supreme court constitution
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. This option was proposed by the United Front Government for the specific purpose of remedying the defect contained in Standing Order 78A. If every constitutional question were to be decided by public political bargaining, Madison argued, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit. On whom does it lie? Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people. Role The Supreme Court plays a very important role in our constitutional system of government. In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. Alternatively, if Parliament decides to proceed by way of standing orders, it may provide for the Speaker to refer the charges to an existing institution vested with judicial power, such as the Supreme Court, as is the case in respect of a resolution for the removal of the President under Article 38 of the Constitution. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. The Certiorari Act of gives the Court the discretion to decide whether or not to do so. It also established the lower federal court system. Under the Constitution, it was the Constitutional Court that performed this task.
based on 117 review