Free new course from Hillsdale: The Surpreme Court.
Overview
The judiciary is able to maintain its independence from the legislative and executive branches primarily by means of life tenure during good behavior. This independence makes it possible for the judiciary to declare laws unconstitutional. However, the power of judicial review does not make the courts superior to the other branches, which have an equal obligation to interpret and uphold the Constitution.
The judiciary is able to maintain its independence from the legislative and executive branches primarily by means of life tenure during good behavior. This independence makes it possible for the judiciary to declare laws unconstitutional. However, the power of judicial review does not make the courts superior to the other branches, which have an equal obligation to interpret and uphold the Constitution.
Both political parties use this when they cannot get what they want through the constitutional process.