Legislatures Judging in Their Own Cause

Author: Waldron, Jeremy

Source: Legisprudence, Volume 3, Number 1, July 2009 , pp. 125-145(21)

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Abstract:

While drafting new legislation, a Legislator might make decisions which violate the right(s) of individuals. Often, it is then left to this same institution to balance the violation(s) and the new legislation it attempts to pass. This lack of review of the decisions of the Legislator has been considered unacceptable to the defenders of Judicial Review. They submit that no one should be judge in his own cause, or, to repeat the maxim of natural justice nemo iudex in sua causa. The article discusses the need for a review of the decisions of the Legislator when such decisions violate the rights of citizens. Due to the political character of such decisions, it is disputed whether courts are competent to review or whether the Legislator's will should be final.

Document Type: Research article

Publication date: 2009-07-01

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Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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Legislatures Judging in Their Own Cause

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