I concur with the conclusion made by Alexander Hamilton that the judiciary is the ‘least dangerous branch’, if the three government arms are anything to consider. It cannot be compared with the other two branches due to the following reasons (Clark, 2011). On its part, the executive is the sole custodian of the community sword, besides having the power and mandate to dispense honors (Clark, 2011). Equally, the legislature enjoys an upper hand, by prescribing laws that ensure the rights and duties of the citizenry are regulated accordingly. In addition, it is in-charge of the purse. Notably, the judiciary lacks the influence over the society resources, cannot offer any direction over the same, and has no say on the sword either (Clark, 2011). Apart from passing judgments, the judiciary lacks both the will and the force. Summarily, the judiciary rides on the legislature to see their budgets passed, and on the executive for enforcement of their decisions (Clark, 2011).
A classic example of the way the judiciary is shaped by the legislature is evident in Lee v. Lampert , where the decision made by Justice Diarmuid Fionntain was overturned by the U.S Congress (Dickson, 2014). The Congress felt that the judge ignored the concept of innocence, and instead relied solely on the procedural rule. Notably, the courts rely heavily on the integrity and trust of the public, without which they become valueless. Whenever the legislature feels that the judiciary is losing the way, they use their powers to enable the courts win back their integrity (Krannawitter, 2016). Although the judiciary might be concerned about making legal sense while making rulings, their integrity is the most vital element that should be given priority.
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References
Clark, M. L. (2011). "Advice and Consent vs. Silence and Dissent? Th Contrasting Roles of the Legislature in U.S. and U.K. Judicial. Appointments." Louisiana Law Review 71, no. 2: 451-502.
Dickson, D. (2014). The People's Government: An Introduction to Democracy. The People's Government: An Introduction to Democracy. Cambridge: Cambridge University Press
Krannawitter, T. (2016). Least Dangerous Branch? Hardly
