Question

Explain how judicial review can be used by the Supreme Court to check the power of the executive and legislative branches.

Answer 1

Answer: Declare unconstitutional law null and void

Explanation:

The judiciary is the third arm of government in a constitutional democracy. They are charged with the responsibility of interpreting the law. The judiciary is made up of the bar and the bench, the bar comprises of the lawyers while the bench is made up of the judges. They have the constitutional rights to administer justice. The judiciary is made up the order of the court such as high court, appeal court and Supreme Court which is the highest court of the land. When a law is made by the parliament, and such law is in conflict with any of the provisions of the constitution, then the Supreme Court can used the power of judicial review given to them by the constitution to declare such law unconstitutional null and void. On the other hand, when there is a conflict between the executive arm and the legislative arm of the government as regards law made by the legislative arm of the government, then the Supreme Court has the right to intervene with a view to resolve the constitutional issue by using their power of judicial review to review the law and if such law is found to be in conflict with any of the provisions of the constitution then the Supreme Court can use their powers of judicial review to declare such law as unconstitutional null and void.