Question

What is the role of the judiciary as regards unpopular and controversial laws​

Answer 1

Explanation:

Constitutional regimes must attend to a basic tension undergirding their operation. Constitutionalism presupposes that a constitution can override majoritarian decision-making, whereas the basic idea of democracy (though not the only one, of course) is that a duly constituted legislature has the right to make decisions for the polity.3 This tension between constitutionalism and democracy has spawned a voluminous literature that seeks to explain, justify, renounce, or reconcile the two principles.4 The study of judicial review has to a large extent been a study of the constitutionalism–democracy debate. Put another way, the concept of a constitutional democracy entails a conflict between the ideal of legislative supremacy and the ideal of judicial supremacy, where the latter is understood as an institution that is in charge of defending constitutionalism.

For many years, there has been basically one idea undergirding the practice of judicial review—American style judicial review, (now) also known as strong judicial review. Under that view, the judiciary is the “ultimate expositor” of constitutional meaning, having the final say over constitutional interpretation.5 This view has been closely associated with the rise of judicial supremacy at the expense of the political branches.6 Over the years, the institution of judicial review has come under attack by many scholars who claim that, on the one hand, it entrenches specific choices made by an unelected and unrepresentative judiciary,7 which are then difficult to overturn and, on the other, it may have a debilitating effect on the political branches by stripping them of their authority to act for and on behalf of their constituents.8

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Answer 2

Answer:

The people who think that the law is not fair,they can approach the court to decide on the issue . The court has the power to modify or can cancel laws if it find that they don't adhere to the constitution .So,they role of the judiciary is important.

Explanation:

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