The Rant -Unlawful Mandate?

The concept of judicial legitimacy is questioned when a court commands the government to transgress the same law, rendering it illegitimate. This concept is central to the social contract that grants judges their power. A court is not naturally lawful, but its authority is derived from its adherence to the Rule of Law. If a court issues a decree requiring the executive branch to commit an act defined as unlawful, the entire structure of its authority collapses. The court becomes its antithesis, becoming the architect of transgression. Critics argue that courts often mandate actions that appear to "break laws," but the answer is no. In true judicial review, the court mandates the cessation of unlawful law, not lawbreaking. An unlawful court acts ultra vires, beyond its legal power, and its decree should be treated as an unlawful order. The greatest danger posed by an unlawful judicial mandate is the crisis it forces upon the government. The government must decide whether to defy the judiciary and risk a constitutional crisis, or obey the court and become an agent of illegality.