Judge made law has progressively led to enactment of statutory law or otherwise based on the recommendations of judicial judgements. Needless to mention, the judges interpretation of laws has become a roadmap for aligning all parliament made laws to be in concurrence with the Constitutions.
However, some commonwealth jurisdictions have always questioned the judgements that declare laws unconstitutional as an outright subversion of the roles of parliament in making laws.
There needs to be a serious discourse between the judicial and parliamentary system on common ground of understanding between the two arms of government.
Has the issue been discussed with the Congress?
Yes, but only minimally.
With regards to both the Courts and the Executive Branches, it is the duty of Congress to oversee them both. This authority has been cited by the US Supreme Court no fewer that 5 times in various cases: “It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government, the country must be helpless to learn how it is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. The informing function of Congress should be preferred even to its legislative function. The argument is not only that discussed and interrogated administration is the only pure and efficient administration, but, more than that, that the only really self-governing people is that people which discusses and interrogates its administration. The talk on the part of Congress which we sometimes justly condemn is the profitless squabble of words over frivolous bills or selfish party issues. It would be hard to conceive of there being too much talk about the practical concerns and processes of government. Such talk it is which, when earnestly and purposefully conducted, clears the public mind and shapes the demands of public opinion.”
The legislature is supposed to oversee the Courts. The problem is that Congress is frozen at 535 members. There needs to be more than 435 House members. There should be at least 6 to 12 Senators from each state.
A Succor for Chief Justice Roberts https://www.thecre.com/forum8/?p=7672
Program Summary https://www.thecre.com/forum8/?p=7644
Permanent Record of this Symposium https://www.thecre.com/forum8/?p=7746
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