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"(in the US) They do NOT become involved in the legislative process! Under the separation of the powers of government, the Judicial Branch has no input on the writing of laws."

I am not sure the above answer is completely correct.

While the U. S. does have an effective separation of power due to the three branches of government provided by the Constitution, these three branches do not always agree on the interpretation or application of the constitution. When disagreements arise, the courts do become involved.

Since Marbury v. Madison (1803), U. S. Supreme Court claimed the power to resolve conflicting interpretations of the U. S. Constitution. Therefore, it is involved in the legislative process.

If the Court determines that a statute does not conform to the U. S. Constitution, then the statute is invalid. If a statute is invalid, the Court cannot enforce it.

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What type of courts does congress create?

Constitutional Courts - mandated by the constitution Legislative Courts


What is legislative courts?

Legislative courts are those federal courts set up by Congress under its implied or plenary powers, for special purposes. For example, the Court of Military Appeals, the Court of Veterans Appeals, and territorial courts are legislative courts, whose judges serve fixed-length terms.


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Congress has the power to create lower federal courts, therefore the Legislative branch has the power to create these courts.


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