Evaluation de l'importance de la Cour Suprême dans le système politique américain : de quelle manière est-elle un acteur politique ?

Exposé Droit public & international Droit constitutionnel

Date de publication :

19/06/2009

Langue :

Anglais

Format :

.doc

Nombre de pages :

5 pages

Niveau :

grand public

Consulté :

0 fois

Avis client :

non évalué

Validé par :

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Sommaire :

Sommaire

The weakest branch of the federal government
Links with other branches of the federal government
Congressional mechanisms to control the Supreme Court
Cooperation between the branches of the federal government
Protection and appointment of the Supreme Court's justices
The political role of the Supreme Court
The myth of judicial activism
Judicial self restraint

Résumé :

The Supreme court, the highest court in the American judicial system, is one of the three branches of the US national government. In 1803, a mechanism was recurred to assure that governmental officials and governmental institutions would respect the limitations prescribed in the "Supreme Law of the Land". Hence John Marshall, the fourth chief justice, established with the Marbury v. Madison case that the Supreme court, in addition to the power of judicial review of legislation, has to determine the meaning of the Constitution in order to enforce its Supremacy. But nowhere in the Constitution could reference be found to an institution which should resolve conflicts between the Constitution and the ordinary law when they occur!

The Framers of the Constitution wanted to establish a Supreme court that would be powerful enough to protect the rights of the people against the tyranny of the government but, as Hamilton argued, the court would be the weakest of the three branches of government. Alexis de Tocqueville however, in Democracy in America already noticed that, in the US, political and social issues are often translated into legal questions to be decided by the courts (Barnum, 1994). Hence, the Supreme court was granted with the power to interpret the Constitution has become more and more powerful. Nowadays it is a truly co-equal branch of the American government and enjoys a worldwide reputation for independence and activism which can even decide the outcome of a presidential election.
As a consequence we legitimately can wonder if the Supreme court is a major political actor in the American democracy.