Function of the supreme court in the policy making process

            A policy is referred to as a standard or a certain rule that is set so as to guide decisions and influences on the rational results. The constitution does not entirely allow the Supreme Court to have the mandate over the judicial review but rather it gives them the mandate to overturn laws as well as decision-making actions that are viewed to be unlawful or as well as unconstitutional. It first instituted its authority to declare the laws unconstitutionally in the case of Marbery v Madison in (1803) where the system of justice and checks were consummated. Constitutionally, the court has the power to ensure that checks and balance in policy making are adhered to constitutionally. The boundaries to which policies are made and enforced are set by the constitution of the people and it is the role of the Supreme Court to protect the boundaries from being bypassed by anyone. The Supreme Court therefore plays an essential function in our constitutional structure of the government. It is the uppermost court in the entire nation and thus it has the role of making the final judgment for the victims looking for justice. It also ensures that the government understands the extent of mandate to which the branch of the government has. For instance in the case of Humprey’s executor v United States (1935) and in the case of United States v Nixon in (1974), the court forced a limitation on the executive power (Adolino et al 2010). The court’s judgment are guided by the constitution of the land and thus they prohibit the passing of a given law or policy by the compact majority which may harm or take advantage of the less popular citizens.

 

 

 

References

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Adolino, J. R., & Blake, C. H. (2010). Comparing public policies: Issues and choices in industrialized countries.

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