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Courts cannot inquire into things in the sphere of the executive and parliamentary government. They cannot, for example, look at the motivation for the passing of otherwise constitutional legislation, nor can they call into question the legitimate exercise of executive power. These things are non-justiciable.

They can only interpret and apply legislation as it is passed. The interpretation of legislation and common law are a legitimate exercise of judicial power. They are justiciable.

2007-06-06 19:48:57 · answer #1 · answered by iansand 7 · 0 0

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