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Encyclopedia: The Nature of the Judicial Process (Site not responding. Last check: 2007-10-09) |
 | | My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right conduct, are the forces which singly or in combination shape the progress of the law. |
 | | This judicial tradition, established by Jeremy Bentham, who had a deep distrust of judge-made law, stated that it is undemocratic for the non-elected judiciary to act as law-makers; this function should be the prerogative of the Queen's Ministers and the elected members in Parliament. |
 | | Judicial review has come to be defined as the power of a court to hold unconstitutional and hence unenforceable any law, official action based on a law, or any other action by a public official, that it deems to be in conflict with the basic law, that is, the Constitution. |
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