Condo Courts Essay Examples
Type of paper: Essay
Topic: Supreme Court, Court, Business, Services, Government, Politics, Law, Value
The constitutional values that were at play in the case were “the rule of law”, “justice” and “the common good”. The value of a common good requires that all people should work together for the absolute and greater benefit of the whole community. From this understanding, the Rhode Island Supreme court was needed to make a judgment that reflected its willingness to ensure the good of all people who would be affected by the ruling. The value of justice required the Rhodes Island Supreme Court to issue a ruling that was just. No party in the case was required to be treated unfairly in the case. The value of the rule of law requires that both the governed and the government should work according to the established law. The Rhode Island Supreme Court, the Associations and Foley were all subject to written law in all their activities and decisions made in the case.
One reason for a legislator to support a bill for a Condo court to be our court is the need to delegate government services to levels that involve the governed as much as possible. The fact that Condo courts will be overseen by individuals who are not directly in the government, can be seen as a major step towards empowering the governed to make decisions on some issues. At times, government services (for example the court systems) can be overstretched due to the ever increasing demand for the services (Bederman, 2011). It is therefore necessary to privatize some of the services. For example creating condo courts would relieve a significant amount of pressure from the traditional courts. This is another reason a legislator would support such a bill.
The value of common good underlies the reasons for a legislature to support the bill. The value seeks to ensure that all people are served well by government services. Delegation makes the services available to all. This value is the same as the intent underlying the doctrine of non-delegation. The non-delegation doctrine believes that it is also in line with the intent of common good to all. This is by ensuring that government services are not delegated to avoid abuse that would not be in line with the value of common good.
Bederman, D. J. (2011). The classical foundations of the American Constitution: Prevailing wisdom. Cambridge: Cambridge University Press.
Janda, K., Berry, J. M., & Goldman, J. (2008). The challenge of democracy: Government in America. Boston [u.a.: Houghton Mifflin.
Democratic Values — Liberty, Equality, Justice. (n.d.). Retrieved February 24, 2015, from http://www.ushistory.org/gov/1d.asp
The State of Rhode Island General Laws. (n.d.). Retrieved February 24, 2015, from http://webserver.rilin.state.ri.us/Statutes/