Judicial Supremacy

Judicial supremacy is a concept that vestiges the most power to the judiciary of a country. In such a country, whatever directions and laws are undertaken by the judicial system, especially by the supreme judicial court of that system are paramount. The decisions taken by the judicial officers and enacted within the court of law are the ultimate decision and deemed worthy. Judicial supremacy usually comes in political structures where the judicial system is a separate entity and acts according to its ethics and morals. It is interesting in this discussion to look at which country judicial supremacy prevails. 

Judicial Supremacy

All these laws and legislations are carried forward for the public welfare. Whatever decisions have been arrived at in the judicial system is of paramount importance. It is not the same as judicial review. Judicial Review can be an aspect of judicial supremacy but it is not in itself an indicator of judicial supremacy. To answer which country judicial supremacy prevails in, we need not look further than the United States of America. In the U.S. legal structure, the judicial system is completely separate from the parliamentary body and facts in its conscience. It is also the supreme adjudicator and its decisions in matters of laws and bills are supreme. Often, in understanding which country judicial supremacy prevails in, people get confused between judicial review and judicial supremacy. The answer to which country judicial supremacy prevails will be all those countries that share some generalised commonalities with the English system of legislation. 

Supremacy

Supremacy can be said to denote a state where something or someone is considered to be superior to some other thing or a person. In the context of the judiciary, supremacy denotes the ultimate power of interpreting the constitution legally. The constitution in any country is the most important body of rules and regulations that define the inter-relationships between the government or the nation with its people or the citizens. Generally, the constitution is the source of most legal and political power in a country. Interpreting the adages given in the constitution by an institution or a person is then a very important task to allot. 

Supremacy of the Constitution

Constitutions are globally considered to be an important source of convention and laws that could affect public relations and the relationships between the government and its people.. In India however, the judiciary system is separated from the legislature and is appointed as the ‘guardian’ of every law mandated by the provision in the constitution. 

Judicial Review

Judicial Review is a power granted to the judiciary where it can assess, check and judge any actions or policies taken by the parliament or the government and see if they are in line with the provisions provided by the constitution. This is a part of Judicial supremacy. Actions that have been declared unconstitutional are rendered void. India has a system of judicial review. 

Conclusion

Judicial Supremacy implies that the Judiciary should be given the sole power of interpreting the constitution legally. Under Judicial Supremacy, the court decides all the relevant policies and lays them down for present use and future use. It is here that judicial supremacy comes into play because according to his theory, the power resides with only the judicial system which can interpret and implement laws given in the constitution according to their conscience.