Comment by taway2024081712
1 year ago
The seemingly unlimited[1] power of the Judiciary is showing its ugly head in many countries: Brazil, the US, Israel and many others. We take it as God-given word, but it's worth remembering that the theory of the separation of the Judiciary from the other powers came from the head of a single man, and maybe he was mistaken. There's no reason for judicial review, despite the name, be in the hands of the Judiciary and not Congress or other elected body. If laws are unclear, let those with the power to change it to determine its meaning and improve the wording.
[1] Frankly, I believe this is Godel's loophole
The Brazilian Constitution doesn't even assign to the Judiciary unlimited power. All of it is legally subjected to the Congress.
But it doesn't matter, the power is there anyway.