The ongoing tension between states authorities, and in particular between the legislature and the executive, delivered, in recent years, a significant and dynamic debate over the adequate balance of power between the governmental authorities and the challenges and complexity aspects of courts and judges as guardian of constitutionalism and fundamental rights. Some of the well-established and central issues recognised as the challenges modern constitutionalism and Supreme Courts face in applying the role of law include the legitimacy of judicial review.
In some countries, judicial review practices are considered strong, such as in the United States, where fundamental principles protection is deemed absolute. Accordingly, the Supreme Court hold the power to invalidate any ordinary act that contradicts the Constitution. On the other hand, there are countries where judicial review is prohibited, such as in the Netherland. Whereas, the middle approach is the one practice in Canada, where the Override Clause, also known as the notwithstanding Clause, was adopted under section 33 of its Charter to respond to judicial review and allow the Parliament or legislature to re-enact legislation and temporarily override sections of the Charter.
