We get to hear that our courts are overreaching; that enabling un-elected judges to thwart the wishes of the elected representatives is undemocratic. Well, aren’t we too late to complain? Even after 14 general elections, and all the publicity given to proceedings in parliament, ordinary voters remain dissatisfied. In countries with a written constitution, the reach of judicial power is almost unlimited, and hence the so-called judicial overreach is but a direct result of legislative and executive underreach. Continue reading
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