We will also seek to understand the challenges with regard to such compliance.
In United States (US), federal government is divided into three separate branches i.e. The Legislative branch governed under Article 1 of the Constitution, The Executive Branch governed under Article 2 of the Constitution and The Judicial Branch governed under Article 3 of the Constitution. As per Article 3, The Judicial Branch is headed by US Supreme court. Supreme Court has original jurisdiction in certain cases i.e. Issues involving Ambassadors, treaties by federal government and issues where two or more states are parties. Every state has its own Supreme Court as well and cases related to a particular state are dealt in the respective state’s Supreme Court. However, the US Supreme Court works as appellate court for such cases if there is a federal issue involved.
Separation of power leads to the concept of check and balance. In US all the three branches of state not only facilitate each other in completing the desired goals under the constitution but also ensure check and balance over each other. Supreme Court does not derive its force through administrative means. The decisions of court are enforced through other branches of the system i.e. legislative and executive. So the compliance of court decisions is a matter of supremacy of Constitution. The Constitution safeguards balance among organs of state where one organ does not interfere with the rights and powers of other. On the other hand, the system of check and balance provides the court with powers to interpret constitution. The most important of them is Judicial Review. Political Backing and Continued nature of service of Supreme Court Judges also help the Court to enforce its writ.
Judicial review is a process through which executive and legislative decision can be questioned by the judiciary and if they are found against the supreme law of the