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In all democracies courts play some political role but none has such formidable political power as the Supreme Court of the United States As the final court of appeal it has the power through judicial review to declare any action by any branch of government unconstitutional This essay is going to examine whether the un-elected Supreme Court with the power of judicial review adds to or is incompatible with democracy However to understand why the Court was given or indeed was allowed to have such far reaching power it is necessary to look at the political system of the US and how it originated It is the most wonderful work ever struck off at a given time by the brain and purpose of man Maidment 2000 p3 This is how William Gladstone described the Constitution of the United States The Constitution and later The Bill of Rights was conceived and formulated with one fundamental idea in mind and that was to prevent tyranny and the misuse of power The main fear was that majority factions would if not controlled threaten the rights of minorities Thus all individuals have natural rights to life liberty and the pursuit of happiness It must be noted that the framers of the Constitution The Founding Fathers did not share the values of modern day democracy their perception of equality was more white men who were on the whole well educated property owning middleclass One of the most important of the basic principles that guided the framers was the conviction that to stop power being abused it must be separated Government was therefore separated into three branches the executive president the legislature congress and the judiciary A powerful executive suggest despotic and monarchic power a to powerful legislature lead to the possibility of an insensitive majority Therefore all braches must be relatively independent of each other One-way to achieve this is by having them elected at different times for different
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