A business law question whats your take?

Question

Courts can overturn precedents and thus change the common law. Should judges have the same authority to overrule statutory law? Explain.

Answer 1

Judges who have jurisdiction in constitutional matters already do have that authority.

Judges can declare a law unconstitutional for various reasons, which means it will not be given effect. That usually results in the legislature retooling its language so it passes constitutional muster.