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Critically examine the significance of judicial review. |
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Answer» Meaning of judicial review: Judicial review is that power of the court by which it examines the constitutional and legal validity of the laws made by the legislature and the executive. If they are found against the provisions of the constitution and against the established principles of law, the judiciary can declare them null and void. Under the power of judicial review, the courts define the laws laid down in the constitution, and their judgement on the legal validity or illegal complication associated with the orders of the legislature and the executive is deemed final and irrevocable. Basis of judicial Review: The principle of the constitution functions on two issues:
In Great Britain, legislature is the supreme and it has the unlimited power of lawmaking, while in USA and India, constitution occupies the greatest position. If any unit of the administration misuses its powers, the judiciary has the power to declare it unlawful. Criticism of judicial review: 1. It is against the principles of separation of powers: Judicial review provides the judiciary opportunities to interfere with the functioning of legislature and the executive, and thus it ignores the principal of separation of powers. 2. Hinders the pace of development: In democracy, the final power is in the hands of the people. The parliament represents the will of the public, but many times, the judiciary’s power of judicial review declares an act passed by the parliament in the greatest interest of the public as illegal, and thus, hinders the progress of the people. 3. A paradoxical judgement: In the use of judicial review, a judge revises his former judgement. This creates paradoxical situation and a suspicion in the minds of the losing party that the judge can twist his judgement on the basis of the some documents and evidence. The public starts losing faith in the honesty and sincerity of the judges. 4. The judiciary is considered: the most exalted organ of the government. The power of judicial review has established the judiciary in the highest position in of the constitution. This power is totally unjustified from democratic point of view indicate. Legislature represents the people’s will, so the law made by the legislature and set aside by the judiciary clearly indicates the superiority of the judiciary over the constitution. In spite of the above criticism, we will have to say that the power of judicial review has given stability to the federal administration of the country. The role of the power of judicial review has been very important in protecting the constitution, in protecting the fundamental rights of the citizens and in maintaining the dignity of the administration. |
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