Question

How has the Judicial Review undermined the Legislature?

Answer 1

Judicial review has, in some ways, undermined legislative authority by allowing judges to overturn laws established by elected legislators. This means that even if a bill is passed by a majority of Parliament, the courts may rule it illegal if it challenges the Constitution.

As a result, the court, rather than the legislature, has the final say on whether a law is legal. This can be viewed as limiting the legislature’s power because judges, who are not elected by the people, have the authority to overrule decisions made by the people’s representatives. While judicial review is meant to safeguard the Constitution and individual rights, some say that it can lead to judicial overreach, in which judges interfere in topics that should be left to the legislature. As a result, it creates a tension between the principles of parliamentary sovereignty and constitutional supremacy.