Do you agree or disagree with Alexander Hamilton's statement that the "Judiciary is the weakest branch of government." Explain and discuss the powers of court in relation to the executive and the legislature. Please be specific and use examples.

Alexander Hamilton the American statement and politician in the Federalist Paper No. 78 argued that the “Judiciary is the weakest branch of government”. He based his argument on the premise that the judiciary has no force nor will, but merely judgement.

The judiciary plays a unique role in any society. The judicial powers are vested in the Courts according to the provisions of the U.S constitution. The judiciary has the power to resolve disputes, and its decision on legal issues is final. It has the power to interpret the law, review and pronounce on the constitutionality or otherwise of any legislative or executive acts. This power extends to all matters between persons or governments in all actions and proceedings concerning the determination of any legal right or obligation.

On the other hand, the legislative arm of government is the branch saddled with the responsibility of making laws the public good, while the executive arm of government has to enforce and implement the laws so made by the legislative arm of government or interpreted by the judiciary. It also has the duty of maintenance of peace, law, and order in society.

There is no gainsaying that the Courts exercise enormous powers over the executive and the legislature. They have unfettered powers to ensure that other organs of government act within the ambit of the law. Nevertheless, the judiciary does not and cannot exercise these powers suo motu. For the judiciary to act it must be moved to so do by the parties bringing their matters before the court for determination. In the absence of such invocation, the judiciary remains docile and dead. The judiciary cannot act unless it is called upon to do so, unlike other branches of government that can act independently, and make decisions that will impact the society. Also, even after a judicial pronouncement, the judiciary depends on the executive to enforce and implement its judgements. If the executive branch decides not to carry out or enforce the judgement of the judiciary, then the judgement will lie without effect.

Even the appointment of the member of the judiciary is done by the executive subject to the approval or confirmation of the legislative arm of government. Also, the judiciary depends on funds from the legislative and executive arm of the government to survive. It lacks the power to control money.

It is on the above basis that I humbly submit that I agree with the statement of the renowned political gladiator that truly the judiciary is the weakest branch of government.

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