System of Checks and Balances PDF

Summary

This document discusses the American legal system, focusing on the role of courts and the tension between judge-made and statutory law. It explains how the courts have interpreted and widened the law, and how constitutional amendments have adjusted the constitution and protections under it. Specific examples include the abolition of primogeniture and changes to divorce, property rights, segregation, and abortion laws.

Full Transcript

[[https://www.youtube.com/watch?v=6h5OFX-sCJU]](https://www.youtube.com/watch?v=6h5OFX-sCJU) (15min.) Picture 1 Very briefly -- legal system -- judiciary. "The Americans have given their courts immense political powers" A. De Tocqueville said in 1836. What do you think he would say about the cour...

[[https://www.youtube.com/watch?v=6h5OFX-sCJU]](https://www.youtube.com/watch?v=6h5OFX-sCJU) (15min.) Picture 1 Very briefly -- legal system -- judiciary. "The Americans have given their courts immense political powers" A. De Tocqueville said in 1836. What do you think he would say about the courts today? Why? Because the Anglo-American legal tradition relies on the tension between judge-made and statutory law -- This means that it is the courts and precedents that interpret and widen the law and by passing Amendments to the Bill of Rights adjust the constitution and protection under the Constitution. Beginning with areas like abolition of primogeniture, redefinition of divorce and property rights, to segregation, legalized abortion etc. -- all these required **statuses changing common-law precedents**.

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