That's a fair explanation, thanks. Striking down unconstitutional laws is a common practice in Europe as well - What isn't is a court legalizing something - That is what says in the OP, how does this work? There's always a natural and required intersection and contact between the three branches of power - My interest is investigating what's the optimal point to avoid compromising too much each branch.
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you