While this legitimacy is important, it also handshaking the courts’ arbitrary and antidemocratic moves harder to detect and respond to.
It must be understood at all times that the judicial power is never to be exercised to defect to the will of the judge, always for to defect to the will of the law.Â
law says a person is not qualified to be an MP if he owes allegiance to a country other than Ghana, judicial power must not be exercised to change this law to reflect the judge’s will that dual citizens must not be allowed to be an MP.
law says no monopoly is to be created at any level of the education system, judicial power must not be exercised to change this law to reflect the judge’s will that legal education is an exception.
law provides for an impartial speaker model, judicial power must not be exercised to change this law to reflect to the judges that a partial speaker model is required. etc.
Modern dictators no longer use guns to overthrow the liberal democratic order. They co-opt, capture, and deploy the courts, and other buffers of democracy, to subvert the constitution and erode democracy.
This calls for the citizens to understand, monitor, and understand the role that abusive judicial review plays in eroding their rights and democracy.
Only a vigilant citizenry, robust evaluation and exposure of judicial foibles, and naming and shaming of judicial renegades can contain abusive judicial review.
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