Review of J. Lieberman ed., The Role of Courts in American Society: The Final Report of the Council on the Role of Courts (original) (raw)
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In contemporary societies courts have different types of functions. Three main functions may be distinguished: instrumental, political and symbolic. In complex and functionally differentiated societies, the instrumental functions are those which are specifically attributed to a given sphere of social action and which are said to be fulfilled when the said sphere operates effectively within its own functional limits. The political functions are those through which the sector-based spheres of social action contribute towards maintaining the political system. Finally, the symbolic functions are the set of social orientations which the different spheres of social action use to contribute towards the maintenance or destruction of the social system, as a whole. The instrumental functions of the courts are as follows: the resolution of conflict, social control, administrative acts and the creation of law. Resolution of individual or collective conflicts is the aim of court activity. Social...
The Courts and the Citizenry: An Overview
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Tension in the relationship between citizens and the courts is not a new concern. Although our court system must continue to strive for effectiveness and efficiency -in its operations, it must also, as Justice Paul C. Reardon observed, "be more determined than ever to deliver the best possible service to the community and to open its doors to greater accountability and citizen involvement" (Reardon, 1978). This brief article is by the co-editors of a special issue of The Justice System Journal, introducing articles probing the important relationship between courts and the citizens that they serve.
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Using a relational dynamics perspective, this commentary considers how to buttress courts' ability to practice their role as guardians of the constitution. It suggests that we should pay more attention to empowering the general public to provide meaningful social support for courts through constitutional literacy efforts. Such literacy efforts should focus on the place of the court within the separation of powers and the value of judicial independence. At the same time, it may be prudent to redact the list of tasks given to constitutional courts and divest responsibility for some activities to other institutions.
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Different legal systems provide different concepts of civil rights protection. In most countries the law is created by the legislative and is enforced by the executive, making the two powers dominating actors in the process of shaping the scope of the rights of the people. From time to time, such regulations are found unconstitutional by special Courts (Tribunals), which adapt them to constitutional reality. However, in common law countries, and especially in the United States of America, the concept of power of the legislative over civil rights is undermined by active judicial review undertaken by federal courts with the Supreme Court at the top. The lawmaking ability of the judges, their position within the branches of government, as well as the power of judicial review, leads to the dominating position of court-shaped principles and regulations over various social and political issues. Civil rights cases belong today to the most valuable legacy of the Supreme Court, in which prec...