The Role And Impact Of Federalism And Juristocracy Concepts

Student’s Name: Course: Tutor: Date: Comparing and Contrasting the Role and Impact of Federalism and Juristocracy Concepts Introduction Federalism is a government system that involves dividing powers between a national (federal) government and various state governments the federal system provides an institutional arrangement which creates a relatively autonomous level of government which acts directly on behalf of the people as the constitution grant each system relevant authority. On the other hand, juristocracy is a government system that grants through the established constitution the judiciary power and authority to define how a country will be governed (Dickovick & Eastwood, 2015). Juristocracy involves judicialization of the governing institutions to define and limit their power for proper governing. Both federalism and juristocracy systems have different ways of governance in different countries, providing divergence in the impacts of governments and governing systems as defined herein. Federalism is the system of government that is applied in the United States where there is federal and state government. The constitution provides the federal government with some powers over the governance of the country while other powers are provided to the state or national government. The definition of the powers and roles of each government in the constitution ensures there is no conflict of power by the two forms of the government in the country. As per the United State constitution requires, the state government has its own legislative, executive, and judicial branch, which ensures passing, enforcement, and interpretation of laws without violation of the constitution. On the other hand, the federal government is involved in the determination of foreign policies in the country but not involved in making international treaties, declaration of war, and controlling of imports and exports. The federal government is also involved in the printing of money. However, most of the powers are shared between the federal and state governments, which mainly include taxation, business regulation, environmental protection, and civil rights. Federalism, therefore, plays a major role in the promotion of policy innovation and political participation, thus accommodating the diversity of opinion (American Government, 2017). With the use of federalism, the state may with permission from the citizen’s act as a laboratory to measure economic and social progress without risking the country’s developmental aspects. This means that the innovation of laws and policies at a state level can be infused in the national state policies. For example, the law on child labor was first inspired by state policies. Before the Nineteenth Amendment, the law that allowed women to vote had already been passed in various states. The establishment of standards for fuel emission and other environmental policies started in California State. Connecticut, Kentucky, Rhodes Island, and Washington are currently running health insurance exchanges which trigger other states to seek improvement in performance if their exchanges. Federalism, therefore, creates a healthy competition among the states within the country which drives the country to mutual growth for the benefits of the citizens. In juristocracy system, the governing power of the state or country is mainly defined in the constitution of that particular county. In a government under juristocracy system, the establishment of constitutional rights and judicial power is in the interest of elites to preserve the country’s hegemonic status but not in a popular mobilization in a progressive politic service or the benevolent behavior elite (US Legal, Inc., 2017). The government system with judicial governance approach enhances the promotion of redistributive politics or the diffusion of power. Juristocracy challenges predominance of the legal and normative approaches with the provision of solutions to challenges facing political consequences of the constitutionalism. The juristocracy governance system promotes through the court system settlement, coordination, and stability of the political institution of a country. The constitution is used as a tool to provide agreements in a situation of disagreement within the established laws. The establishment of the judicial review in the governance is a transformative effect in political discourses, which helps in articulation, formation, and settlement of fundamental moral and political controversies (Hirschl, 2009). In most cases, the judicial system is mainly not the major force of economic redistribution but the primary force for the settlement of political morals and controversies. In the countries where juristocracy system is practiced, there issues on racial discrimination, reproductive rights of women, and sexual intimacy for homosexuality are solved in the Supreme Court. The court is, however, not involved in alterin...