Question

Which of the following is a consequence of judicial overreach?

• A. Enhanced separation of powers
• B. Strengthened democratic decision-making
• C. Erosion of legislative authority
• D. Increased executive accountability

Hint:

"Judicial Overreach" is when the judiciary steps into the shoes of the legislature or executive. When judges start making laws, the power of the law-makers (legislature) is naturally reduced or eroded.

Answer 1

The Correct Option is C

Step 1: Define "Judicial Overreach". Judicial overreach is a negative term used to describe a situation where the judiciary is perceived to be interfering with the functions of the other two branches of government – the Legislature (which makes laws) and the Executive (which implements laws). It happens when courts go beyond their constitutional role of interpreting the law and start making policy or governing.

Step 2: Analyze the consequences.
(A) Enhanced separation of powers: Overreach violates the separation of powers, it does not enhance it.
(B) Strengthened democratic decision-making: Overreach is often seen as undemocratic, as unelected judges make decisions that should be made by elected representatives.
(D) Increased executive accountability: While judicial review leads to executive accountability, "overreach" implies an excessive and improper interference, not just legitimate oversight.
(C) Erosion of legislative authority: When courts start making detailed policies or effectively creating new laws through their judgments (a practice called judicial legislation), they are performing the primary function of the legislature. This directly undermines and erodes the authority of the legislature. This erosion of the legislature's role is a classic and direct consequence of judicial overreach.