Pre-University (CIE) Comparative Government: Specimen Questions with Answers 42 - 42 of 53

Question 42

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“Judges do and must legislate. ” Explain.

Explanation

  • Judicial decisions and interpretations have played a major part in the evolution of the American constitution. So great has been a role of judiciary that some commentators of the American constitution have named the Supreme Court as a continuous constitutional convention. Munro remarks “one night almost say that it (constitution) undergoes some change every Monday when the Supreme Court hangs down its decision. ”

  • Justice Holmes once remarked “judges do and must legislate”. The implied powers of the congress owe their origin to the Supreme Court. The Supreme Court has given wide meaning to the words used in the constitution. The powers of the national government to regulate interstate commerce, railway, telegram, airways and radio.

  • All owe their origin to the decisions of the Supreme Court. The Supreme Court interpreted the clause which lays down that congress shall have power to raise and support armies in such a liberal manner as the latter got empowered to draft millions of men even in peace time. The Supreme Court has strengthened the center at the cost of states quite in keeping with the needs of the time.

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