Judicial Review: An unbridled power ahead of Constitutionalism

Registration ID: IJNRD_203086

Published ID: IJNRD2308033

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Yashi Patni

Judicial Review, Judicial Activism, Judicial Overreach, Constitutionalism, Separation of power, Legislature, Executive and Judiciary.

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.

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Yashi Patni (August-2023). Judicial Review: An unbridled power ahead of Constitutionalism . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(8), a281-a291. https://ijnrd.org/papers/IJNRD2308033.pdf

Volume 8 Issue 8, August-2023

Pages : a281-a291

Paper Reg. ID: IJNRD_203086

Published Paper Id: IJNRD2308033

Research Area: Other

Author Type: Indian Author

Country: Indore, Madhya Pradesh, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2308033.pdf

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Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

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