The law, whether it is intra vires, or ultra vires is always decided by the judiciary in exercise of its judicial power, constitutional authority and jurisdiction. It is also popularly known as "judicial review of legislative competence" under the Constitutional and Administrative Law.
The Parliament, or the State legislature has Constitutional authority to legislate the law on any particular subject, so as to achieve its object. Obviously, the law that is legislated and enacted by the legislature has to be tested on the touch-stone of reasonableness and fairness. If, the statute is unjust, unfair, unreasonable, arbitrary and sanctions "unguided, unbridled, and sweeping power, authority and jurisdiction that shocks the constitutional conscious", the law is often declared "ultra vires" the Constitutional provisions.
Judges don't make laws, governments legislatures do.
judges do not make laws.. they only interpret them and give their ruling accordingly
Yes. Contrary to popular opinion, judges do not make laws.
No, federal judges should not be able to create new laws since that's the job of the legislature. Judges should only interpret existing laws instead of trying to write them.
Judges interpret the laws and legislators (or politicians) enact the laws. The separation of powers requires that the judiciary and the legislative branches remain separate, and accordingly judges should remain politically neutral.
yes
Judicial- the judges.
The common law
No! Judges are NEVER in positions of power to please the government! They are there to make sure LAWS are applied equally in Courts and to uphold those laws.
Laws are enacted by the legislature and judicial decisions are made by judges.
the department of judges and court and they intepret laws.
i dont now