"I've always wondered why it is that we don't do that here. It's very much in line with the 'checks and balances' concept of the government's structure."
Well, you can look at a country that does and where that leads. In Iran, their Supreme Court is called the "Council of Guardians" and they get to do a lot of pre-passage stuff, including strike the law down pre-emptively, declare that some candidates are not eligible to run, etc. and they get to do all this sua sponte. While it is a fair point that they also have their own police force, I don't think that's the only issue here. It means the judiciary is an explicitly political force accountable to the Assembly of Experts, and hence theoretically to the people, but with a voice powerful enough to shape the terms of that accountability.
I think a better solution would be to relax standing issues regarding particularity of injury where widespread Constitutional violations are alleged. For example, if it becomes illegal to criticize the President tomorrow, I would hate to think that voters registered Democrats could not challenge the law on the basis that their injury is not particularized enough. Similarly where wide-ranging searches are alleged and everyone is injured, the particularity requirement should be relaxed.
Well, you can look at a country that does and where that leads. In Iran, their Supreme Court is called the "Council of Guardians" and they get to do a lot of pre-passage stuff, including strike the law down pre-emptively, declare that some candidates are not eligible to run, etc. and they get to do all this sua sponte. While it is a fair point that they also have their own police force, I don't think that's the only issue here. It means the judiciary is an explicitly political force accountable to the Assembly of Experts, and hence theoretically to the people, but with a voice powerful enough to shape the terms of that accountability.
I think a better solution would be to relax standing issues regarding particularity of injury where widespread Constitutional violations are alleged. For example, if it becomes illegal to criticize the President tomorrow, I would hate to think that voters registered Democrats could not challenge the law on the basis that their injury is not particularized enough. Similarly where wide-ranging searches are alleged and everyone is injured, the particularity requirement should be relaxed.