Updated:

The Supreme Court’s Role in Lawmaking Essay

Exclusively available on Available only on IvyPanda® Made by Human No AI

Introduction

Improvement and constant updating of legislation, capable of reflecting the dynamics of social relations, is a fundamental direction in the development of statehood. One of the legislative bodies that regulates policymaking in the country and oversees the activities of other regulatory institutions is the Supreme Court. Having sufficient powers, this board is the guarantor of the right and legality of any decisions concerning the legal sphere, the criminal administrative branch, and other sectors. The vital role of the Supreme Court in the lawmaking process is explained by its high status, the ability to make hearings public, and the functions entrusted to it.

Participation in the State System of Legislation

Even though the President is the highest executive instance, any decisions of the Supreme Court must be considered in a public context and taken into account comprehensively. According to Collins and Eshbaugh-Soha, Congress, as the legislative board, also must listen to the opinions expressed by members of the Supreme Court in passing relevant bills and adjudicating public interest cases (213). From the perspective of significance in the system of legislation, the body in question has significant powers. Any controversial legal cases and appeals are considered in the Supreme Court, which is justly regarded as the highest link in this chain. As a result, when speaking about the role in the legislative process, the opinion of the members of this body is one of the determining ones, even though it represents a different branch of power.

Judicial Practice as the Basis of Lawmaking

Sustainable judicial practice is the key to productive lawmaking in the state. The Supreme Court generalizes the experience of courts’ activities on specific categories of cases in its rule-making acts. They are valuable materials for later perception and are enshrined in the texts of normative acts. Experienced and intellectual components incorporated by judicial practice in such provisions are checked and supplemented by the Supreme Court. This makes it possible to make the content of the decisions verified and accurate and helps exclude the fallacy or inconsistency of views on controversial issues. Therefore, the possibility of legislative errors is minimized, as well as the adoption of an excessive number of legislative acts.

As an example of the role of the Supreme Court in state lawmaking, one may look at this work about environmental issues. Mandatory emission reduction provisions, the imposition of liability for non-compliance with the principles of green production, and other forms of strict control are determined by this body (Affolder 206). Hearings are made public, and the relevant verdicts become the subject of discussion at the highest level. Relevant judicial precedents, in turn, form the legislative framework. Thus, acting as a judicial body, the Supreme Court, nevertheless, participates in legislative processes and has sufficient powers to regulate specific norms and principles of work in different areas.

Conclusion

Due to its high status, the evaluation of the most notorious cases, and numerous functions entrusted to it, the Supreme Court plays a critical role in the state lawmaking process. Although this body does not belong to the legislative branch, its decisions are taken into account at all levels. By making decisions at public hearings, members of the Supreme Court create precedents, which, in turn, are taken into account by policymakers and turn into full-fledged laws.

Works Cited

Affolder, Natasha. “Contagious Environmental Lawmaking.” Journal of Environmental Law, vol. 31, no. 2, 2019, pp. 187-212.

Collins, Paul M., and Matthew Eshbaugh-Soha. “The Supreme Court, the President, and Congress: Lawmaking in a Separation-of-Powers System.” Journal of Law and Courts, vol. 10, no. 2, 2022, pp. 213-237.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2024, May 7). The Supreme Court’s Role in Lawmaking. https://ivypanda.com/essays/the-supreme-courts-role-in-lawmaking/

Work Cited

"The Supreme Court’s Role in Lawmaking." IvyPanda, 7 May 2024, ivypanda.com/essays/the-supreme-courts-role-in-lawmaking/.

References

IvyPanda. (2024) 'The Supreme Court’s Role in Lawmaking'. 7 May.

References

IvyPanda. 2024. "The Supreme Court’s Role in Lawmaking." May 7, 2024. https://ivypanda.com/essays/the-supreme-courts-role-in-lawmaking/.

1. IvyPanda. "The Supreme Court’s Role in Lawmaking." May 7, 2024. https://ivypanda.com/essays/the-supreme-courts-role-in-lawmaking/.


Bibliography


IvyPanda. "The Supreme Court’s Role in Lawmaking." May 7, 2024. https://ivypanda.com/essays/the-supreme-courts-role-in-lawmaking/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1