The Unwritten Rule of Judicial Overreach

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So I was observing a court session during my internship and I was shocked to learn about this unwritten rule in Constitutional Law. It's called 'judicial overreach', but the interesting part is that it's not exactly 'overreach' as our textbooks make it out to be. You see, when the court is deciding a case, it has to balance its power with the separation of powers. Now, the written rule is that it can only interpret laws, not make new ones. But what's interesting is that sometimes it can imply new laws without directly making them. This is called 'judicial legislation'. It's a grey area, but basically, it's when the court introduces principles or guidelines that aren't explicitly mentioned in the Constitution, yet become a de facto law. The case of Kesavananda Bharati v State of Kerala is a classic example, where the court basically redefined the concept of Parliament's sovereignty.

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