Doctrine Of Judicial Review: An Analytical Study

Luv Kumar Jha, Student at B.A. LL.B. (H), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

Mr. Amber Srivastava, Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

ABSTRACT

The Doctrine of Judicial Review is a very important concept of constitutional law, empowering the courts to review the actions of the sovereign in case any of them disapproves of the constitution. This doctrine plays a pivotal role and provides for a fundamental check on the powers of the branches of the executive and legislative, ensuring that their actions are well within the limits of the law of the land i.e. The Indian Constitution. In this Article I have explored the basic concept of judicial review in global perspective and its impact on legal international relations, order and governance. There are various points which are discussed that is the Administrativization of Jurisdiction and Juridification of Foreign Relation, it means the Court establish relationship or coordination in the context of global governance as sometimes this may lead to conflict or disorder. While describing judicial review in modern times, Italian jurist and academic Mauro Cappelletti’s focus on the spread of judicial review centred constitutionalism universally. He mentions and specifies the role of courts and their contribution to democratic ideologies. This article deals with the comparative study of the emergence of judicial review through different times and different democracies developing its core concepts and its status in the present world scenario presently focusing on major democracies like India USA and UK.

Keywords: Judicial review, constitutionalism, judicial activism, judicial restraint, legislation, democracy, fundamental rights, global.