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The Concept Of Judicial Review: A Comparative Analysis Of India, The US And The UK




Shrinivas Dangi, School of law Christ (Deemed to be University) Bangalore

ABSTRACT

The essence of judicial review in India is the rule of law. The control over the acts of the legislative, executive, and judicial bodies is the competence of the courts. It is a great weapon in the hands of the judiciary to declare unconstitutional and unenforceable any law or order which violates the fundamental laws of the state. This article examines various theories formulated by the Supreme Court based on jurisprudence, such as the bifurcation theory, the solar eclipse theory, and the future release theory. Administrative action. This paper further discusses the state of judicial review in the US and UK. Judicial review resulted largely from the landmark case Madison. v. Marbury1. However, Lord Coke's original decision Dr. Bonham v. Cambridge University established the first domain of judicial review in England in 16102. This article discusses how the US Constitution does not explicitly provide powers of judicial review, but Articles 3 and 6 of the US Constitution refer to the concept. As the British Empire does not have a written constitution, this article also looks at the principle of "parliamentary sovereignty" that prevails in constitutional democracy.

Keywords: Judicial review, Comparative Analysis, India, USA.

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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