Q.9 Write a note on Judicial Review.
Judicial review, power of
the courts of a country to examine the actions of the legislative, executive,
and administrative arms of the government and to determine whether such actions
are consistent with the constitution. Actions judged inconsistent are declared
unconstitutional and, therefore, null and void. The institution of judicial
review in this sense depends upon the existence of a written constitution.
Judicial review, The
conventional usage of the term judicial review could be more accurately
described as “constitutional review,” because there also exists a long practice
of judicial review of the actions of administrative agencies that require
neither that courts have the power to declare those actions unconstitutional
nor that the country have a written constitution. Such “administrative review”
assesses the allegedly questionable actions of administrators against standards
of reasonableness and abuse of discretion.
Judicial review, When courts
determine challenged administrative actions to be unreasonable or to involve
abuses of discretion, those actions are declared null and void, as are actions
that are judged inconsistent with constitutional requirements when courts
exercise judicial review in the conventional or constitutional sense.
