What Is Judicial Review Brainly?


Author: Lorena
Published: 30 Nov 2021

The LB Question: What is Judicial Review?

The LB question is "What is Judicial Review?" Discuss the scope of Judicial Review. How is it different from an appeal?

The Power of Judicial Review

The Supreme Court and High Courts have the power of Judicial Review. The Supreme Court of India has the final say on the validity of any law. The Supreme Court does not have the power to review itself.

It can only be used when the validity of a law is challenged before it or when the case is heard. The Supreme Court's decision whether a law is unconstitutional becomes effective after the judgement is delivered. The law can be subject to Judicial Review if a question of its constitutionality arises in a case being heard by the Supreme Court.

The Supreme Court can hear such a case after a number of years. Administrative problems are created when the Court rejects it as unconstitutional. A Judicial Review decision can cause more problems than it helps.

Critics think the Judicial Review system is reactionary. The Supreme Court often adopts a legalistic and conservative approach while determining the constitutional validity of a law. It can reject progressive laws.

Judicial review is a source of inefficiency. The people in general and the law-enforcing agencies in particular sometimes decide to go slow or keep their fingers crossed in respect of the implementation of a law. They prefer to wait and let the Supreme Court decide the validity of the constitution in a case that may come before it at any time.

Judicial Review

Judicial review is the power of the court to review and approve laws passed, whereas writs are issued by the higher courts. There is more information writs in the link.

The Supreme Court

Judicial review is the legal power of a court to determine if a statute, treaty or administrative regulation is in violation of the United States Constitution. The courts are supposed to interpret the laws of Congress. They don't make laws.

The role of checks and balances in the system

Judicial review plays a part in the system. Judicial review is the power of courts to say that laws and actions of local, state, or national governments are invalid. Courts can't enforce a law if it's declared unconstitutional.

What is the purpose of the checks and balances? They would prevent any branch from having too much power. The president would have power over money related matters.

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