In this instance, the apex court, in a judgement penned by Justice (J) Mark Fernando with Dr. A.R.B. The doctrine is therefore a restrictive limitation on parliamentary supremacy, not a contravention or usurpation of legislative power and authority. In such an instance, all that the SC determines is whether a referendum consequent to a special majority is required. Judicial activism when judiciously applied can serve as a necessary measure and sometimes as the only bulwark against the numerous excesses of the Legislature. The doctrine of binding precedent in Latin reads as stare decisis, which in English translates to “stand by things decided”.

Source: The Nation February 16, 2021 02:02 UTC