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Why some scholars say conflict between judicial review representative democracy
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Usually for a paper on topic " Why some scholars say conflict between judicial review representative democracy " students requires the following specifications to be included. These specifications are directly collected from leading academic writing companies and used without editing.
“The more purely political (in broad or narrow sense) a question is, the more appropriate it will be for political resolution and the less likely it is to be an appropriate matter for judicial decision.It is the function of political and not judicial bodies to resolve political questions. Conversely, the greater the legal content of any issue, the greater the potential role of the court, because under our constitution and subject to the sovereign power of Parliament, it is the function of the courts and not of political bodies to resolve legal questions”. (per Lord Bingham of Cornhill in A (FC) and others (FC) v Secretary of state for the Home Department (2005) AC 68 at p102 (para. 29)) cited in Allen and Thompson, Cases and Materials on Constitutional Law 8th ed p.779.
Explain how the English constitute allocates political questions to political bodies, and judicial questions to judicial questions to judicial bodies, giving examples. Consider whether judicial review ever requires judges to resolve political questions.
You need to demonstrate:
Your knowledge and understanding by explaining how the constitution allocates functions to government bodies, and the nature of judicial review.
Your skill of analysis and synthesis by considering individual examples and relating them to your explanation
Your skill of critical judgement and evaluation, by evaluating whether judges resolve political questions
Your skill of written communication, by constructing a clear legal argument, using cases, statutes and other source materials.
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