• 🔒 Judiciary vs. Legislature: Who Really Makes the Law?

  • Apr 27 2025
  • Length: 16 mins
  • Podcast

🔒 Judiciary vs. Legislature: Who Really Makes the Law?

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  • Summary

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    Examining the separation of powers doctrine, we explore the dynamic relationship between the judiciary and legislature, with particular focus on the limits of judicial interpretation and the supremacy of Parliament in the UK constitutional framework.

    • Parliament stands as the supreme lawmaking body in the UK, while the judiciary's role is limited to interpreting rather than striking down legislation
    • The Picking v British Railway Board case established that courts cannot invalidate statutes even when procedural irregularities in passage are alleged
    • Lord Denning's view that courts should "fill gaps" in legislation contrasted with Lord Simons' position that doing so usurps legislative function
    • R v R case (1991) effectively abolished the marital rape exemption, demonstrating the courts' ability to develop common law in significant ways
    • The UK Supreme Court, unlike its US counterpart, cannot strike down unconstitutional laws, raising questions about its true "supremacy"
    • The separation of powers requires checks and balances between the three state organs to prevent concentration of power


    💡⚖️ Let’s learn the law together—one session at a time!

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