Quote:
Originally posted by Captain
Something to think about in terms of British common law is that there is not a clear separation of powers between the court and the legislature. Ultimately, cases might be heard in parliament, with the legislature sitting as court. So the idea of courts and congresses overruling one another is a particularly unique American idea.
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Yes, but note that the house of parliament that was the ultimate court of appeals was not Commons but Lords, and Lords did, once upon a time, indeed overrule Commons when it overreached itself (or overreached itself in tweaking the perquisities of the hereditary peers). So the non-separation of powers isn't quite as bad as it sounds (recognizing, of course, that the executive and legislative are not separate in that system as well). Though, with Blair fucking around with the constitution of the upper house, it may soon be that bad.
Actually, a number of commonwealth countries still recognize Lords as their supreme judicial body.
