Abstract
The judiciary performs a variety of functions in most systems of government. Generally, one of these functions is to ensure that the executive and legislative branches exercise their power in a manner sanctioned by law, that is, the judiciary checks executive and legislative power.1 Hayek (1960) identifies two ways in which the judiciary provide checks and balances: judicial independence and constitutional review. Judicial independence is important because judges may not decide cases on the merits if they are under the influence of the legislative or executive branches. Constitutional review is important because legislators may enact laws and the executive branch may implement policies that benefit themselves and/or their associates. The judiciary places limits on such behavior by reviewing whether it is constitutional.
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