Judicial Review

The power separation was first introduced by Montesquieu which was later institutionalized by the Supreme Court of the United States under the court of John Marshall. Every branch of the government should have an eye on the other branches of the government so that one should not suppress the other and keep the balance in the government. The same has been discussed below.

Judicial Review

Judicial Reviews are mainly a process in which the executive, legislative and administrative actions are subjected to be reviewed by the judiciary of the country. The laws may be invalidated by the court and have the authority for judicial review. Any executive decision can be remarked as invalidated for being unlawful. Judicial Reviews are very helpful in checking and balancing The power separation. It gives the power to the judiciary of the country for the supervision of the legislation of the country and the executive branches of the country. 

Judicial review has two contexts that are distinct from each other but also parallel to each other, that is in the legal systems which are the civil laws and the common law. They’ve also been differentiated from the theories of democracy.

The very first distinct legal system is the civil laws and the common law; these both have different views when it comes to a judicial review. If we talk about the common law judges, they can be seen as creating new legal principles, and they have the capability to reject the old legal principles which are no longer needed. In short, they are seen as the source of Law. Whereas in the tradition of civil laws, the judges have seen to apply the created law without any power of creation or to destroy the other legal principles.

The second idea is The power separation in the democratic government which has to be organized. In legislative supremacy, the basic idea behind The power separation is to keep a check due to the idea that no one in the government should have the access to all the power over other branches without any restrictions. 

The key Types of the Judicial Review

There are 3 key types of  the judicial reviews which are given below:

Reviews of the Administrative Actions: It is mainly a tool that enforces a constitutional discipline on the administrative agencies while they are exercising their powers.

Reviews on the Legislative Actions: The reviews of the legislative actions imply that the power that is given 2 the legislative should ensure that the law has been passed by the legislature complies with the other provisions of the constitution of India.

Reviews of the Judicial Decisions: The review of the judicial decisions are used in the correction or the making of the changes in the previous decision which has been taken from the judiciary.

Importance of the Justice review

Judicial review has many important factors in the constitution of India some of them has been given below:

• The Judicial Reviews are very essential in the maintenance of the supremacy of the Indian constitution.
• The judicial review helps in the maintenance of the federal balance and also helps in the protection of the rights of the citizens of India.
• In the judicial review, it is very crucial to check all the possible misuses of the power given to the legislative and the executives in the government. 
• The judicial review has played a very essential role in saving the independent Judiciary of the country and has also prevented the tyranny of different executives in the government.

Judicial review has also limited the main functions in the government of India. Although the concept of the separation of power has not been strictly died by. But still, the main system of maintenance of the checks and also the balances have been put in their places in such a manner that the country’s judiciary has been given the power to cut down any of the constitutional laws which have been passed by the legislative.

Conclusion

As it has been mentioned above in the Judicial review article that it is a process in which the executive, legislative and administrative actions are subjected to be reviewed from the judiciary of the country. Judicial review has two contexts that are distinct from each other but also parallel to each other, that is in the legal systems which are the civil laws and the common law. The Judicial Review has been divided into three types that are Reviews of the Administrative Actions, Reviews of the Legislative Actions, and Reviews of the Judicial Decisions.