INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
Law is a vital element of the modern society. In modern era people focus more on contracts with government rather than knowing their rights. Maintaining the balance of power on different elements that government control judicial review was adopted. Judicial review is described as a process which a court can declare void to any law which goes against the constitution. This feature was adopted from United States Constitution.
The three organs of government that exist in India are Legislature, Executive and Judiciary. Legislature has the function of law making, executive looks after implementation part of laws and both these organs are checked by the judiciary. Judiciary also checks if laws made are ultra vires to Constitution of India or not. Separation of power feature makes these organs work in their limits. Even after this the power are been overreach by the judiciary.
The paper is going to cover the concept of the judicial review and how it is been overreached by the courts. For the better understanding of the topic the paper also have literature review. The paper describes what does judicial review means, what is its history, how is it been overreached, what is the concept of constitutionalism, judicial activism everything is been discussed. The case laws and the judgments are been also mentioned in the paper for justifying the concepts. The paper at the end has a conclusion which contains the brief of the complete paper and the solutions that are been needed.
Keywords:
Judicial Review, Judicial Activism, Judicial Overreach, Constitutionalism, Separation of power, Legislature, Executive and Judiciary.
Cite Article:
"Judicial Review: An unbridled power ahead of Constitutionalism ", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 8, page no.a281-a291, August-2023, Available :http://www.ijnrd.org/papers/IJNRD2308033.pdf
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ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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