The constitution keeps the executive and judicial branches separate with specific provisions. However, the executive exercises control over the courts first by having veto acts of Congress by the president choosing not to sign an act into law. It also can appoint federal judges and issues pardons. This gives the branch an influence over the actions of the judiciary. The executive also has the power of implementing and administering the public policy which is enacted and funded by the legislative branch (Nayyar, 2020). The executive can be the source of certain types of law which include an executive order or a decree. Executive bureaucracies are commonly the source of regulations. However, in many cases, the courts can control the executive by declaring some orders unconstitutional if they are not in line with the constitution requirements or acts of the parliament.
The legislature has powers that make them in some instances control the courts. It is the role of the legislature to amend the constitution and passed new laws which are to be used by the courts in passing judgments. The legislature is also mandated with approving the president’s appointment of judges and also control the number of justices on the supreme court. It also has control of the courts by having the power of impeaching judges who are found guilty of treason, high crimes, bribery, and misdemeanors (Munir, ‘Cheema, & Riaz, 2020). The legislature also has the power of amending the laws which have been declared ultra vires by the court nada can also revalidate the law. Its control over the courts is also seen where it has the power of influencing the judges’ incentives and ensuring that there are legal rules in place to be used when giving verdicts.
3. How do the courts create laws?
Courts can create common laws, which are laws that are developed from judgments handed down in the courts. These laws are used to make decisions about areas that are not included in the acts of parliament. When using the common laws, judges decide the cases along with the lien s of earlier decisions made in similar situations or cases. These laws are created without a statutory foundation. Such lawmaking is more acknowledged in common law countries, rather than the civilian ones. Courts are also involved in law-making, where they interpret any legislation made by the legislature (Malloy, 2016). This involves coming up with an interpretation when there is a dispute about meaning or how to apply an act in a case. These interpretations then become part of the common law.
4. What are the sources of law (other than the courts)?
Other than courts, the main source of law is the parliament. This is since, the legislature is mandated with making laws which are called acts, statutes, or legislation. To create an act, first, there is a draft bill presented to the parliament, where it is debated by the lawmakers (Takashiba, 2021). If passed by a majority in the two houses then it becomes an act. Some acts may outline broad guidelines or principles, but leave the details to get defined in regulations, local laws, and rules. This can be referred to as delegated legislation, which may be made by the local council, and public authorities, among other bodies.
Malloy, R. P. (2016). The System of Checks and Balances. In Planning for Serfdom (pp. 30-37). University of Pennsylvania Press.
Munir, B., ‘Cheema, Z. I., & Riaz, J. (2020). Separation of Powers and System of Checks and Balances: A Debate on.
Nayyar, Y. V. (2020). JUDICIAL CONTROL OVER ADMINISTRATION, ACCOUNTABILITY AND SEPARATION OF POWER. Retrieved from https://www.linkedin.com/pulse/judicial-control-over-administration-accountability-power-nayyar
Takashiba, Y. (2021). Sources and law-making. In Research Handbook on International Law and Cities. Edward Elgar Publishing.