LEGAL POLICIES AND PROCEDURES RELATING TO LAW

Legal Policies And Procedures Relating To Law Enforcement And Judicial Procedures

Legal Policies And Procedures Relating To Law Enforcement And Judicial Procedures

Introduction

There is often a level of tension between judicial review and democracy. Critics of the judicial system believe that the courts too often invade the domain of legislative politics, deciding instead of reviewing. Paradoxically, in some circumstances the constraints which courts represent for legislatures may actually empower politicians. In particular, when representatives have to deal with highly sensitive and divisive issues, such as abortion, gun control, or crime problems, judicial review may prove to be a useful instrument for conflict management. At its core, the purpose of judicial review is to make sure that policies created to deal with such issues are not contrary to the rule of law. Numerous studies regarding the separation of powers in American democracy focused on constitutional-level conflicts between Congress and the president, but there has also been a great deal of focus in the past several decades regarding the relationship of the courts and the administrative state on democracy.

The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) or by the imposition of a term of punishment pursuant to a conviction for the crime. Many issues in criminal procedure have complicated roots, and though the questions surrounding the issue of search and seizure are themselves complex, the Constitution's primary regulations regarding it can be found in a single amendment, the Fourth.

The amendment states that "The right of the people to besecure in their persons, houses, ...