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The scheme of checks and balances in the process of legislation in various countries, experienced a shift after judical review accommodated. Legislation does not only involve exeecutive institutions and the parliament bbut also the judiciary. Judicial review is a channel for the expression of public dissent against the decision taken by the legislators. Through the authority of judical review, the Constitutional Court may overturn legislation. This is not because the Constutional Court is in a superior position but becausae judical review is an instrument of the checks and balances mechanism among institutions in the legislative process. Therefore, the presence of the Constitutional Court with powers of judical review should be understood in order to contribute to the democratization in the legislation process. |
