Vaibhav Agrawal, Parul University, Vadodra Gujarat
ABSTRACT
All reasonable people believe that a functioning judiciary is essential for any effective government, which is why every civilized society has one. Courts in these countries are given the authority and responsibility that seem most likely to serve the public interest. Indeed, the significance of the judiciary is now widely acknowledged. In every country where liberty is prized and the law is respected, the people are engaged in a continuous conflict to improve their system. In that effort, the judges have invariably borne the most valuable role. With that in mind, I want to provide an overview of the subject matter as the researcher.
Given the difficulty of conducting a cross-cultural comparison of legal systems, the author has made a concerted effort to examine the matter from five angles: constitutional and judicial makeup; natural justice; judicial review; separation of powers; and, ultimately, the challenges facing both systems.
Despite its flaws, Judicial Review has been crucial in maintaining constitutional government by preserving the proper roles of both the federal government and the individual states. Both of the judicial systems are remarkable in terms of their organization and how each system has dealt with the challenges that have arisen from time to time and developed to meet the ever-evolving requirements of society. The Judiciary has, throughout history, served as the primary custodian of citizen rights.
Keywords: Judicial Review, Constitutional Interpretation, Rule of Low, Procedure Established by Law, Due Process of Law.
