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Law Review System: A Comparative Study Of India And USA




Janhavi Hood, Symbiosis Law School, Nagpur


ABSTRACT


The concept or idea of Judicial Review was originated in the USA. And thereafter many countries followed the footsteps of USA and borrowed the concept of Judicial Review from them. India too has borrowed the Judicial Review doctrine from USA. This article presents a comparative analysis of the Judicial Review system of India and USA. The need to study the comparative analysis of both the countries is to gain an insight as to how far USA and India has come through the journey of Judicial Review in these years. The rule of Judicial Review is enjoyed by both the Supreme Courts of USA and India, recognized by the constitution. It discusses how laws are subject to a review by the judiciary by exercising their power of Judicial Review guaranteed to them under respective constitution. The present paper addresses the questions as to what is the need of Judicial Review and whether the Judicial Review is helping both India and USA to bring a positive change in the legal system.


KEYWORDS: Judicial Review, India, USA, Constitution)

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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