Judicial Review

  • Rule of law means absence of rule of any person and supremacy of law. The rights and liberties of the individual can be safeguarded till the time one remains within the limits set by law.Individuals can be punished for the breach of law. Punishment is given only after that breach of law has been proved in the court of law.
  • Law is the guardian of the Rights and Liberties of ordinary people.Common Law is the judgment pronounced from time to time by courts.Constitution is a part of the Common Law of the land. In England judges enjoy special position.No legal action is taken against them even if they go against their prescribed jurisdiction.Judiciary acts as the guardian of the constitution.
  • Judicial Review is not an automatic power of the court. Judicial review is the authority of the courts to see to the acts of legislature and the executive with a view to determine their constitutional validity. It is exercised only when there is a trial in the court.
  • It is an important instrument for protecting the constitution, democratic system and the rights and liberties of people. Granting of judicial powers to the administrative departments is against the system of Rule of Law. Judicial review has led to friction amongst the various organs of the government.
  • Judicial review is undemocratic in so far as it involves the power of appointed, non-representative, non-responsible judges to reject the laws made by the representatives of the sovereign people.
  • Judicial is a source of delay and inefficiency in administration as the people often wait for a final verdict of the court before seriously taking up the implementation and use of the laws passed by the legislature.
  • Judicial review helps the court to play a meaningful and desirable role in the development of the constitution. It prevents the operation of all such laws which are against the constitution.

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  • Q1

    Which British constitutional theorist in his book Law of the Constitution has given three meanings of Rule of Law in Britain?

    Marks:1
    Answer:

    Albert Venn ‘A.V.’ Dicey

    Explanation:

    A.V. Dicey in his book Law of the Constitution(1885) has given three meanings of Rule of Law in Britain.

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  • Q2

    Judicial review is a protection against any excessive or arbitrary use of power by….

    Marks:1
    Answer:

    Legislature and executive

    Explanation:

    Judicial review is a protection against any excessive or arbitrary use of power by legislature and the executive.

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  • Q3

    Which among the following is a demerit of Judicial Review?

    Marks:1
    Answer:

    Violates the spirit of separation of powers

    Explanation:

    Judicial Review is an important instrument for protecting the constitution, democratic system and the rights and liberties of people. It safeguards the people against possible arbitrariness of the legislature and the executive.

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  • Q4

    Which among the following is a merit of Judicial Review?

    Marks:1
    Answer:

    Protection of rights and liberties of people

    Explanation:

    Judicial review has led to friction among the various organs of the government. It leads to delay and inefficiency in the administration. Judiciary becomes a super legislature as legislations of social, political and economic significance come up.

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