The Role of Courts in Improving the Legislative Process

Abstract

In recent years, there has been growing and widespread discontent with the state of the legislative process in many legislatures. At the same time, there is an emerging trend of courts exercising judicial review of the legislative process. Against this backdrop, this article explores the question of what can be the role of courts in efforts to improve the legislative process. The article offers a fresh perspective on the problems in the legislative process and their causes. It then develops a novel argument – that does not rest upon a cynical view of legislatures, nor on a rosy picture of courts – to support the view that judicial review of the legislative process can contribute to improving the legislative process.

Keywords: Legislative process, legislative procedure, judicial review of the legislative process, due process of lawmaking, judicial review, courts, impact of judicial review