Preview

Westminster Model Of Constitution

Good Essays
Open Document
Open Document
708 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Westminster Model Of Constitution
South Africa is a tremendously remarkable country with all its transformation and provocation through history. From the Third War of Dispossession between the Khoi-San of the colonial authorities, the introduction of the Hottentot Proclamation, the establishment of a new system of government for the Cape by Advocate A de Mist, the British occupy the Cape for a second time and of course the Cape Slave Trade Law. Besides the Dutch, the British also made a mark in the Cape. One of the most indelible things the British brought to the Cape was the Westminster model of the Constitution.
The Westminster model of constitution was derived in Britain, with the second occupation of the British at the Cape in 1806, the Westminster model was transferred to South Africa. The model evolved over time by common law, statutes and case laws L. Maquthu Introduction to Constitutional law (unpublished lectures notes, UKZN,2016). One of the most significant traits that this model holds is parliamentary sovereignty. This implies that the parliament has the authority to make and repeal laws at their whim and pleasure so to suit them. The parliament will then have the supreme authority in the land, other government institution such as the executive and judiciary are not endowed with the power to
…show more content…
Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). This implied that the constitution is the highest law in the land and is the ultimate source of all law and lawful exercise of authority. In this way the court must invalidate any law that is inconsistent with the constitution. The judiciary hold the testing power (judicial review). Judicial review is counter-majoritarian because it gives unelected judges the power to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes,

You May Also Find These Documents Helpful

  • Good Essays

    The Court through Chief Justice Marshall has shown that the constitution is more superior than the federal law. No place in the constitution affirms the words Justice Marshall proclaimed. In making his judgment, Marshall stated that “It is emphatically the province and duty of the judicial department to say what the law is.” There is no mention of such words in the Constitution, but it has come to the attention of the courts that whenever there is a conflict of law, the constitution is always supreme (Murphy,…

    • 810 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The constitution of the United Kingdom is the sum of laws and principles that make up the body politic of the United Kingdom. It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary.…

    • 407 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    BLTE 10e AM Ch03

    • 3437 Words
    • 11 Pages

    The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determi­nation is judicial review. The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Marbury v. Madison.…

    • 3437 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    1660, the British came back to England after 100 years. The British had abandoned the colonists and when they came back they would tax them and make them only trade with them. The British had the power to make the colonists do that , so technically they the British had the power to control them as well as they had the power to punish them. This is an example of tyranny because the British had absolute power to tell the colonists what to do. Their was about to be a tyranny in the constitution but, to avoid it the framers used federalism, separating federal powers, checks & balances , and small/large state compromise.…

    • 428 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Nfib vs. Sebelius

    • 888 Words
    • 4 Pages

    When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of government. As Hamilton pointed out in Federalist 78, the judicial branch “will always be the least dangerous to the political rights of the Constitution” because it “has no influence over the either the sword or the purse, no direction of either the strength or the wealth of society, and can take no action whatsoever.” He says the Court does not have “FORCE nor WILL, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments” (Fed. 78). The Court has the authority to say whether a law is constitutional, and Marshall gives himself that final authority without addressing enforcement, because the power to enforce belongs to the executive. The Court simply writes the opinion.…

    • 888 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    S. Constitution. If governmental action violates the U. S. Constitution, under judicial review the courts will invalidate that action. Judicial review extends to legislation, acts of the executive branch, and the decisions of inferior courts.…

    • 976 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    <html><head></head><body><p>In a nation of democratic governance, the United States has unquestionably succeeded in its own development and potency since the establishment of the Constitution. The United States was founded in hopes of having a truly free, full functioning society. In order to achieve such a goal, the framers of this country drafted the Constitution brilliantly and attentively. With the creation of the three branches, Legislative, Executive, and Judicial, the Constitution also created checks and balances, the capability for each branch to check the power of the others. To ensure the continuing proficiency of our democratic nation and "checks and balances" system, it is crucial to equalize the branches by separating, and equally distributing power among the three branches. However, before 1803, the judicial branch was lacking such said power over the legislative and executive branches. It was not until the case of Marbury v. Madison that Chief Justice Marshall justified the power of judicial review to the judiciary branch, finally obtaining equal leverage among the legislative and executive branches. With the implementation of judicial review, the U.S. Supreme Court has jurisdiction and authority to strike down law, overturn executive acts, and legally bind a public official to properly carry out constitutional duties. Indisputably, the practice of judicial review is the main power of the United States Supreme Court to date.</p>…

    • 1489 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    In the United States, it was the leading case of Marbury v Madison which gave way to constitutional review of legislation. In it, Justice Marshall had ruled the Judiciary Act 1789 to be conflicting with the Constitution, which then led to the question of what happens when the Constitution clashes with an Act of Congress. He answered by saying that those Acts of Congress would not be law anymore if they clashed with it, and that the courts are therefore bound to follow the Constitution[2]. Therefore, the fact that Article III of the Constitution granted to the Supreme Court the “judicial power of the United States” was then interpreted as meaning that the Supreme Court could carry out judicial review[3].…

    • 2886 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Marbury Vs Madison Essay

    • 698 Words
    • 3 Pages

    Marbury v. Madison was the landmark case that laid the foundation for judicial review in the United States. Article III of the Constitution, in granting power to the judiciary, extended judicial power to various types of cases but made no comment as to whether a legislative or executive action could be struck down. Chief Justice Marshall, relying on reasoning and the Constitution, read the power of judicial review over acts of the government into constitutional law, thus setting the precedent for future cases. He said, “a law repugnant to the constitution is void and that when a law is in opposition to the constitution, the constitution, and not such ordinary act, must govern the case to which they both apply. It is the Supreme Court’s duty to say what the law is and thus has the power of judicial review over federal legislation/acts.”…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A Constitution is the overriding law, because it establishes the fundamental principles of a government at either the state or federal level. This includes creating the branches of the government, bestowing and refusing certain powers to each branch, and preventing other governmental units from passing certain laws, specifically those which limit individual rights (M. Bushman).…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Since the Constitution is complex, the Supreme Court is provided with the power to interpret the law and cases brought forth by lower courts. [4] All of the other courts must follow the ruling of the Supreme Court because the Constitution provides it with the power of deciding whether or not state, federal, and local governments are acting within the law. While judicial review is not noted in the Constitution, Madison had intended the U.S. Constitution to be reviewed by independent judges instead of through conflicting political bargaining; although, the Supremes Court’s power of Judicial review was not implemented until 1803 in connection with the case Marbury v. Madison.…

    • 839 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Judicial Branch of the United States is network of courts that interprets and applies laws. Though they generally do not create laws, they decipher them and apply them to a certain case. One of the powers of the judiciary is the power to declare laws unconstitutional. Under the system of Checks and Balances, this main check that the judiciary has on both the legislative and executive branch is the power of judicial review. This power allows the Supreme Court to examine and compare acts undertaken by Congress (legislative branch) and the executive branch and invalidate them in both federal and state governments. Essentially, this means that the Court can overturn any move by state law or Congress if the Court is under the belief that an…

    • 535 Words
    • 3 Pages
    Good Essays
  • Good Essays

    By making decisions regarding the interest of the society the courts assume responsibilities that belong exclusively to the legislative and executive branches of government. The Supreme Court justices may rule based on what is in their best interest while saying that they are deciding for the good of the society. Moreover, when the Supreme Court justices are appointed, not elected, they may not be the representatives of the public’s view. As a result, judges begin making policy decisions about social or political changes society should make and become “unelected legislators.” By freely interpreting the meaning of the Constitution, the communities’ confidence in the Supreme Court will be undermined. When judicial activism in the Supreme Court wields too much power, it can eventually destruct the essence of…

    • 758 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Judicial Branch Essay

    • 1855 Words
    • 8 Pages

    In American Constitutional thought, it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time, but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable, however, that a completely independent judiciary is impossible in a democratic society. To some extent, the general populace plays a role in interpreting Constitutions, which is referred to as popular constitutionalism. To what extent the general populace plays in the interpretation of the Constitution is still debated and the answer may vary from country to country. For this…

    • 1855 Words
    • 8 Pages
    Powerful Essays