The Political Function Of Judiciary

This paper makes a panoramic analysis on the political role and functions of judicial practice of the U.S. Supreme Court in the mid-20th century civil rights movement. In an attempt to demonstrate how the judicial system is getting to participation in social development through the interpretation of the Constitution, and judicial review in a specific social transition, the thesis will show the political functions of judiciary. As we know, In the constitutional system of separation of powers, the supreme court of United States plays a vital role in the social development and political life as Congress and the President .The Supreme Court is not only the place of dispute resolution, but also to burden an important political mission, such as power constraints, the protection of rights, the formation of public policy and the promotion of social reform. The concentration is the period from 1953 to 1969 when Earl Warren was the Chief Justice, including Roe v. Wade in Burger Court. In this period of time, regardless of the oppositions, the Supreme Court made a series of judicial decisions such as the abolition of apartheid, to protect the rights of criminal defendants, the legalization of abortion. to led to the rise of the U.S. civil rights movement in the twentieth century, and to a large extent shaped the basic form of the post-war American society. At the same time, these events raised many constitutional and political argues on the abortion and affirmative action, and set the agenda of western academia as well as the United States. Carding the changes of the role of U.S. Supreme Court in the political system and the impact and influence on the social development, there is no doubt that it contributes to a more realistic understanding of American society in post-war development context. At the same time, more importantly, almost all the constitutional, political and moral debates surrounding the Supreme Court case are initiated, so this is obviously an area that provides us a major starting point with an observation since the 1950s in the United States and western academics.The full text is divided into seven parts, and the structure is as follows:The first part is an introduction on the theoretical purpose of the research, and the political function of the Supreme Court during the civil rights movement. Then, I put forward the possibility and feasibility of the judicial system in the framework of the macro-political analysis, as well as the research ideas from the political point of view to explain the role of the judicial function. At the same time, the use of systematic analysis and functional analysis in political science is likely to come to a better description.Chapter II attempts to demonstrate the normative propositions on the political function of the United States Supreme Court. Modern judicial system in the social life fulfills a very important legal function such as dispute resolution and law enforcement, and burdens the political functions of restricting public power, safeguarding the constitutional system, the formation of public policy. As the judicial review and constitutional interpretation, the U.S. Supreme Court is not only a legal institution, but also a political body. The judicial decision making, the appointment of judges carry a very strong political overtone. From a historical perspective, the Supreme Court have played an active participant in the country's political process, such as federalism, the political balance of between the political branches and the protection of civil rights issues. This makes the Supreme Court more like a policy-making body, which involved a distinction of the so-called judicial activism and judicial self-constraint.Chapter III analyzes the political role of the United States Supreme Court in the black civil rights movement. The article believes that the Supreme Court decisions played a crucial role in the evolution of race relations. In the early days of slavery, due to over-confident in solving the major national problems, the Supreme Court intensified the slavery in the south and north, indirectly led to the outbreak of the Civil War, because of the"Scott v. Sanford"decision to proclaim Missouri agreement unconstitutional. Not long after the Supreme Court narrowly interpreted the Fourteenth Amendment of the Constitution, confirmed the southern states to implement the"separate but equal"principle. Until the 1950s, only when the Brown v. Board of Education, the Supreme Court resumed the correct position in the issue of race. By analyzing the Brown case, the article believes that the cases of race were filled with political considerations and the chance. At the same time, because of the increasing complexity of contemporary issues of race, the Supreme Court's position also shows a wavering and uncertain situation.Chapter IV is focused on the analysis of the Warren Court in the post-war civil rights movement. When Earl Warren was the Chief Justice, the Federal Supreme Court made an expanding of the judicial review, played an important role in resolving major social problems and political issues, so that the Supreme Court into a social reform in post-war. The Supreme Court of the United States get rid of the legal basis of apartheid system and expanded the legal scope of the equal protection, promoted the civil rights development of the blacks, women, ethnic minorities and vulnerable groups. The Supreme Court strengthened the protection of freedom of expression, adhered to the concept of judicial activism, and promoted the democratic process to change the unequal distribution of parliamentary seats, strengthened the protection of the rights of the accused and improved the criminal procedure including the draft of"Miranda Rule". These far-reaching historical events in post-war American society have changed the direction of social development, reconstructed the political and legal philosophy, as well as making the Supreme Court into a very prominent position, and played an active role in the political process.Chapter V is on the abortion-related case with the political agenda. The author believes that, in the 1970s, although the trend in American society began to develop in the direction of conservatism, but the Supreme Court's position in social and political life has not changed much and continued to play a lead political role; even in some areas, Burger Court was more active than Warren Court in the 1970s, and the abortion decision is a very good case in point. From the case of Roe v. Wade to the Casey case, the U.S. Supreme Court has dealed with the abortion issue of 22 sentences, to a large extent it set off the civil rights revolution until today, and had a profound impact on the entire country. The abortion case also stirred up American society great controversies, and not only society will be divided into two different camps, but also abortion has became a very important politics issue. Different political institutions and interest groups have launched a number of rounds of the power game. At the same time, around the abortion case, the Federal Supreme Court has also become a political campaign and the"storm center".Chapter VI is a reflection of the political role of the Supreme Court. The Supreme Court played the important role in the civil rights movement in the 20th century, led to some problems such as the limits of judicial review, the tension between justice and democracy. This contains a hidden major theoretical problem, since it involved the relationship between the sovereignty of the people and judicial supremacy in a republic system. First of all, the article cleared up the theoretical context of political function of judiciary. The thesis highlights the Counter-Majoritarian Difficulty of Becker, the procedural judicial review theory of John H. Ely, and Mark Tushnet's anti-judicial review. From the functional perspective, the article put forward the Supreme Court into the whole political system. The results show that the Supreme Court did not break the balance of power in the political structure in modern society, and it continues to be"the least dangerous of the branches".