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Legislation always trumps the judiciary. The point of the judiciary is to interpret and apply laws, which forms "common law" or precedence for other legal cases
by cyphar 7y ago
Legislation always trumps the judiciary. The point of the judiciary is to interpret and apply laws, which forms "common law" or precedence for other legal cases. This is the case for almost all multi-branch governmental systems (especially those descended from English legal tradition). The reasoning is that the legislature is elected while the judiciary isn't -- so giving the judiciary the power to overrule the legislature without any recourse would be undemocratic.
You are probably thinking of cases where the Supreme Court has found laws to be unconstitutional. In that case, the legislature has two options: change the law so it's constitutional (might not be possible if the fundamental aspects of the law was to found to be unconstitutional), or change the constitution to accommodate the law (hard because it requires a supermajority of state legislatures to pass it). Both options are available to the legislature and once either is done then the Supreme Court ruling is either no longer applicable (if the law was changed) or possibly completely invalidated (if the constitution was amended).