|
|
|
|
|
by hash872
1046 days ago
|
|
I have a Master's in Comparative Politics. What you learned in high school is simplified and incorrect. I (somewhat incredulously here) can't tell if you really believe that the judiciary only interprets laws, but no, that's wrong. In a country with strong judicial review, like the US or Germany, they can literally strike them down for being unconstitutional. Once that happens, both popular will and the legislature are irrelevant. Your 1st paragraph.... no idea what you're trying to say there. Just as a quick example, banning flag burning has always been overwhelmingly popular with the electorate, and every single state plus the federal government used to have anti-flag burning laws on the books. The Supreme Court twice struck down such laws, which made the public and Congress enormously angry. And.... popular will is irrelevant. The Court has the final word on this and any other topic that you choose to take up. You could read https://en.wikipedia.org/wiki/Texas_v._Johnson
https://en.wikipedia.org/wiki/United_States_v._Eichman And in general I think it'd help to read up on https://en.wikipedia.org/wiki/Judicial_activism. But yes, the judiciary essentially makes the law all the time (for example, see qualified immunity- created from whole cloth by the Court), in addition to striking them down as they choose. They hold ultimate power in our system of government. I don't think your general understanding of what judicial review is is correct |
|