WHO IS OF PRIMARY IMPORTANCE BETWEEN LEGISLATURE AND JUDICIARY? August 19, 2014 at 12:44am The law made by people through legislature constituted by elected representatives of people in democratic country is interpreted /adjudicated by judiciary constituted by selected people specially learned and trained in law. It is pertinent to note that the principal authority who makes the law itself establishes special mechanism for coaching and learning of law so that such mechanism takes care of next job of making people understand the law in the true legislative sense of such principal authority after such principal authority completes its basic job of law making. It is needless to state that the judiciary cannot interpret/adjudicate law without there being law in existence at first place at the instance of legislature. The judiciary cannot have any opportunity of interpreting Constitution of a democratic country without such Constitution being actually made by the people of country through their elected representatives to Constitutional Assembly/Legislature. It is also needless to state that the basic elements are of primary importance than the substances/matters constituted out of such basic elements. It is like Nature/God as law giver is of primary importance than subjects of law as learners and/or followers of law. This is only a logical analysis to understand the conflict of superiority between legislature and judiciary in common sense and not to over- estimate legislature and under- estimate judiciary. –Adv.B.S.More
Posted on: Tue, 19 Aug 2014 03:37:02 +0000
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