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Saturday, October 24, 2009

Should legislative system override judiciary system if national interest is not involved?


Answer:
No. Separation of powers, as well as checks and balances, are what makes our system as free as it is. I know that sometimes the legislature and the court make mistakes, but that's a result of human error. The system, though, is one of our best protections against deprivation of liberty.
presently bothe system have been shon to be selfoccupied the having any national issue as their priority
Legislative system empowers to enact law. Judiciary safeguards the law. They do not override each other but the conflict comes when interpretation of law differs.
One word: Never!
governments of different parties or alliances withdraw criminal cases against their supporters... this is the biggest defeat of the legislative system in our country... constitution should be updated for imposing ban on such withdrawal... governments should uphold the Honour of justice...
The legislative system should always override the judiciary system on various reasons. First of all, parliament is democratic elected by the people as such people the representative of the country, they have the responsibility and power to make the decision such as law making power as compare to the judiciary which was appointed however counter argument can be the fact that the judiciary is the protector of individual liberty and have times such in case law that the judge went against the government to protect the people eg. the case of Burmah Oil v Lord Advocate and th GCHQ case. Second reasons, is the seperation of power, the legislative and judicary have different role to play, national interest is only a factor to determine the role of which system should be involve but it can never be a factor to give the judiciary authority to override the legislative.

(If you wish to discuss further, can email me.)
It is the sorry and pity state of affair that our elected members are use less people [ with few exceptions]

This is the curse of our democratic system of governance.

Good elcted members are supposed to lay down good laws to its citizens. Courts are only there for interprete and deliver justice as per laid down laws.

Hence in all aspect legislature is supreme in this system of governance.

Unfortunately reality in our country is different. To save the poor masses from the so called Nonsense laws Courts have to come forward to save the masses at times. Though it is not proper but still unavoidable. Thus courts are just doing their little bit in restoring justice to the citizens. In a long run this will never help or work.

So a new system of governance is really necessary else we are heading for civil war once again as there is always a tolerance limit for injustice and wrong doing by our corrupt politicians.
yes
They cannot do so in any case, as per the constitution

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