LearnWave
Learn it. Master it.

The Parliamentary System: Legislature and Executive

The Judiciary and checks and balances

Learn what the Judiciary does, and how checks and balances work.

The Judiciary interprets and applies the laws of the land, including in particular disputes, and works through a system of courts. (Courts do not make laws; Parliament does.)

But the chapter gives it a bigger title: the Judiciary is the custodian (guardian) of the Constitution.

That means making sure all branches of government work within the rules and limits the Constitution sets, by interpreting laws, settling disputes and protecting fundamental rights.

The Constitution does two things for the Legislature and the Executive. It gives them power to govern, and it lists their specific responsibilities.

The Judiciary's special job is checking that they stay within those limits. It can examine whether a law passed by Parliament goes against the Constitution.

And if the Executive breaks the Constitution while carrying out a law, the Judiciary can step in there too. So both are checked: the one that writes the law, and the one that carries it out.

This is what 'separation of powers' and 'checks and balances' mean in practice: three organs, each with its own work, each able to limit the others.

The purpose, as the chapter says, is simple: "ensuring that no one organ becomes too powerful". And it leaves you a good question to think about: what would happen to people's rights if any single organ held all the power?

The Judiciary checks both: the organ that writes the law, and the one that carries it out.
Checks and balances.

Practise this lesson

Questions that get harder as you improve, a Tutor that helps without giving the answer away, and progress you can see. Free for every learner.

No account, no email address. Opens the real product.