Legal implications of judicial review on political disputes

Abstract

The courts as a cornerstone in a nation’s constitutional democracy are invested with the power of judicial review. Yet, exercise of this power on matters which are political in nature is a difficult task. Due to inequalities, injustices and breaches of the law and the constitution by the some political class, aggrieved members often seek refuge in the courts’ power of judicial review. Nevertheless, the exercise of such powers by the courts does not go down well with the political class as they view such acts as usurpation of their powers in the guise of judicial review. Based on this premise, this paper analyses the legal and political implications of the exercise of judicial review powers on political questions/disputes. It finds that the exercise of judicial review power on political questions has legal and political implications and is necessary in developing countries for the purpose constitutional justice and sanctity, rule of law and due process. Although the paper is beneficial to countries with constitutional democracy, the focus of discussion is on Nigeria. Constitutional provisions, interviews with some stake holders were used to enrich the legal analysis of this study.

Keywords: Powers of Judicial Review, Political Disputes, Nigerian Courts, Constitutional Democracy