PSC 2302 Lecture Notes - Lecture 6: Judicial Independence, Constitutionalism, Sovereign People
8 Oct 2020
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Brutus believed that the judiciary branch of the government was too strong in undermining popular sovereignty. Believed that the judiciary branch would destroy the states gradually, and as the supreme court acts on a case by case basis, this would remain gradual, but would ultimately result in the destruction of state governments. Concerned about the impartiality of the supreme court: supreme court is a part of the national government. Believed that the judiciary branch would become the supreme branch and be able to shape the government however it likes. Focuses on the supreme court generally, but places an emphasis on the duration of terms in office: under the constitution, supreme court justices serve during good behavior (lifetime terms) Draws a comparison between the supreme court and the english courts. Judiciary will be placed over the elected branches in its power to declare laws unconstitutional. Appeals to the british tradition and concept of parliamentary sovereignty = legislative supremacy.
