Jefferson observed that members of the General Assembly in his native Virginia had not been prevented from
assuming judicial power, and» [t] hey have accordingly in many instances decided rights which should have been left to judiciary controversy.»»
The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they
assume the
powers of the Secretary of State), local authorities and schools can be challenged by way of
judicial review and other appropriate proceedings in the High Court.
When this court reverses the judgment, they overrule both the legislative and
judicial authority of the state, without regard to the character or standing, political or
judicial, of the individual members of either department; surely, then, it is our most solemn duty, not to found our judgment on the opinions of those who
assume to decide on the validity of state laws, without any official
power, sanction or responsibility.