What is Judicial Review? | How is it connected to Checks & Balances? | Indian Polity | Laxmikant
Автор: Padhaku Log
Загружено: 2020-04-18
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What is Judicial Review? | How is it connected to Checks & Balances? | Indian Polity |Laxmikant | CS Payal Popli
#judicialreview #laxmikant #law
In this Video you will be explained what is the meaning of Judicial review and how it was derived from Checks and Balances system?
Plus You will also understand How Indian system works and How Judiciary manages to quash Unconstitutional Decisions and Actions through Judicial review.
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
The Doctrine of Judicial Review was for the first time propounded by the Supreme Court of America. Originally, the constitution of United States did not contain an express provision for judicial review but it was assumed by the Supreme Court of United States in the historic case of Marbury vs Madison 2. LEd.60. Chief Justice Marshall observed that "the constitution is either superior paramount law, unchangeable by ordinary means or it is on a level with ordinary legislative acts and like other acts is alterable when the legislature shall please to alter it........... Certainly all those who framed witten constitutions contempellate them as forming the fundamental and paramount law of the nationand consequently the theory of every such government must be that an act of the legislature repugnant to the constitution is void.... It is emphatically the provonce and duty of the judicial department to say what the law is".
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