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They wield supreme judicial power. The legislative body can then try pass laws to more precisely define the activities involved. The judiciary can then declar
by wrycoder 5y ago
They wield supreme judicial power. The legislative body can then try pass laws to more precisely define the activities involved.
The judiciary can then declare those new laws to be unconstitutional.
That is an active judiciary. It is be deplored. The judiciary in the US is supposed to be the weakest branch of three. The EU is an example of what happens when it's the strongest.
- shadowgovt 5y agoThe ultimate backstop to this is constitutional amendments (in the cases where the issue is actually Constitutional... In the case of, for example, Oracle v Google, the courts declared APIs were copyrightable as a matter of law, which could be altered by legislation).