eli5 What does it mean when a court “temporary blocks” a law, an agenda, etc. and what’s the purpose of it?

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eli5 What does it mean when a court “temporary blocks” a law, an agenda, etc. and what’s the purpose of it?

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Anonymous 0 Comments

It means a judge declared that a piece of law does not apply and cannot be enforced.

Let’s say some legislator passed a law that prohibited owning or riding red bicycles, and set the penalty for contrevening the law as 20 years in prison. Suddeny, every red bicycle owner is committing a crime. If a red bicycle ower petitions a court (by filing a lawsuit which seeks a specific remedy), after hearing evidence from both sides a judge may set aside this law (declare that it does not apply) or dismiss the lawsuit (sorry, better luck next time).

If the judge grants the remedy sought by the red bicycle owner (that this law be set aside) now, at the moment the judge’s gavel strikes, red bicycles are okay again, and their owners are no longer unapprehended criminals.

Through just his words, the judge undoes legislation effected by
a legitimate democratically elected legislative body.

The key is that democratic nations generally settle on three branches of government, each intended to check the power of the other two.

Legislative: elected officials create laws which citizens must obey.

Judiciary: unelected, but wholly experienced and competent lawyers are assigned the power to unilaterally resolve disputes about the law by rendering judgements on petitions brought to their court, which may include compensation, punishment, or commands (i.e. this particular law is null and void). The judiciary includes all lawyers permitted to practice in a particular juristiction, who act as officers if the court, working to uphold principles of law.

Executive: these people enforce, or execute (make real) the law. These are police, sherrifs, prisons, and sometimes the military. Their job is to investigate potential violations of law, apprehend people who allegedly break the law so the court can determine the facts and render judgement, and effect punishment.

No one branch of government can escape being subject to one or both of the others.

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