What is Judicial Review?
One of the fundamental ideas in the study of constitutional law is judicial review. It speaks about a court’s power to consider whether laws, executive orders, and government policies are constitutional. Ensuring that these laws and acts are in line with the rights and ideals entrenched in the Constitution is the main goal of judicial review. It functions as a means of maintaining the integrity of a country’s constitutional structure, safeguarding individual rights, and defending the rule of law. The foundation of judicial review is constitutional adjudication. When determining whether a legal or governmental action is constitutional, courts look at how closely it adheres to the language of the Constitution and its guiding principles. Judicial review contributes to the preservation of a country’s constitutional structure and the balance of powers between the several departments of government by examining and, where required, overturning unlawful laws or acts.
Key Features of Judicial Review:
- The main goal of judicial review is to ensure that laws and acts are in line with the rights and ideals entrenched in the constitution.
- The judicial review process’s main purpose is to act as a check on the authority of the government.
- It guarantees that the activities of the legislative and executive branches comply with constitutional limitations and keeps them from abusing their power.
- Judicial review is mostly based on known legal precedents, which include past court rulings, constitutional interpretations, and recognized legal concepts.
Difference between Judicial Review and Judicial Activism
Judicial Review and Judicial Activism are the two core ideas in the field of justice. Though their goals, strategies, and ramifications are different, both are crucial in forming the legal system. This comparative research examines the distinctions between judicial review and judicial activism, emphasizing the roles, circumstances, and outcomes of both in the political and legal spheres.
Table of Content
- What is Judicial Review?
- What is Judicial Activism?
- Difference between Judicial Review and Judicial Activism
- Conclusion
- Difference between Judicial Review and Judicial Activism-FAQs
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