Law & Political Science
The Supreme Court of United States of America played a vital role in the evolution and development of the American political system. It has played a double role. In the first place. It has acted and the guardian of the constitution and fundamental rights. In the second place, it permitted the constitution to develop with the march of time.
The House of Commons is the lower chamber of the British Parliament. Its strength is 652. All members of this chamber are elected directly. The tenure of the House of Commons is 5 years but it can be dissolved earlier by the Queen acting on the advice of the Prime Minister. The House of Representatives is the lower chamber of the American Congress. It consists of 438 members who are elected directly by the American voters.
The Supreme Court of the USA is the highest judicial tribunal in the federation. The constitution of America vests all the judicial powers of the federation in this court and other inferior courts to be established by the Congress. The number of judges of the Supreme Court has not been fixed by the constitution.
The government of the USA is of the Republican type. This implies that the head of State is a President. He is not only the head of State but also the Chief Executive. The constitution clearly lays down that all executive authority belongs to him. He is the head of the executive in name as well as in fact.
The American constitution has not produced a clear severance of the three organs of the government. To weaken the authority of the government further, the fathers of the constitution introduced Checks and Balances, so that one organ obstructs the other. They possibly apprehended that an organ of the government, left to it completely, might degenerate and misuse its powers, thus becoming tyrannical and oppressive.
One of the most important features of the American constitution is separation of powers. The constitution clearly states that all legislative, executive and judicial powers are vested in the Senate, President and the Supreme Court respectively. There is no other constitution in the world in which the demarcation of the three wings of administration is so clear.
Like other federal constitutions in the world, the American constitution is written in form. It is a brief document consisting of only 7 Articles and 27 Amendments. Indeed it was a skeleton constitution since the framers of the constitution left the details to be filled in by the Acts of the Congress. It has been adequately clothed with conventions, customs, judicial decisions and legislative measures.
There are two schools of thoughts. One believes that Sovereignty is unlimited, absolute and supreme. That is another school of thought that rejects this view. They point out many limitations of Sovereignty such as: Constitutional Limitations of Sovereignty, Natural Limitation, Moral Limitations