Which doctrine involves the power of the Judiciary to interpret the la...
Doctrine of Judicial Review
The doctrine of judicial review is a fundamental principle of constitutional law that grants the power to the judiciary to interpret laws and determine their consistency with the constitution. This doctrine allows the judiciary to declare a law or government action as unconstitutional and void if it is found to be inconsistent with the provisions of the constitution.
Explanation:
1. Definition:
The doctrine of judicial review is the power of the judiciary to interpret the law and declare it inconsistent with the constitution void. It is a key feature of constitutional democracies and is essential for the protection of individual rights and the maintenance of the rule of law.
2. Role of the Judiciary:
The judiciary plays a crucial role in the interpretation and application of laws. The Constitution is the supreme law of the land, and it is the responsibility of the judiciary to ensure that all laws and government actions conform to its provisions. Through the power of judicial review, the judiciary acts as a check on the legislative and executive branches of government, ensuring that they do not exceed their constitutional authority.
3. Scope of Judicial Review:
The power of judicial review allows the judiciary to examine the constitutionality of laws, regulations, executive orders, and other government actions. The judiciary can declare a law or action unconstitutional if it violates the rights and principles enshrined in the constitution.
4. Purpose and Significance:
The doctrine of judicial review is essential for upholding the supremacy of the constitution and protecting individual rights. It ensures that the government operates within the limits prescribed by the constitution and prevents the infringement of fundamental rights. By declaring unconstitutional laws void, the judiciary safeguards the rights and liberties of citizens and prevents the abuse of power by the government.
5. Examples:
The doctrine of judicial review has been used in various landmark cases around the world. For example, in the United States, the Supreme Court's power of judicial review was established in the famous case of Marbury v. Madison (1803). In India, the Supreme Court has used its power of judicial review to strike down laws that violate fundamental rights, such as the case of Kesavananda Bharati v. State of Kerala (1973).
In conclusion, the doctrine of judicial review empowers the judiciary to interpret the law and declare it inconsistent with the constitution void. It is a crucial mechanism for ensuring the supremacy of the constitution, protecting individual rights, and maintaining the rule of law.
Which doctrine involves the power of the Judiciary to interpret the la...
The Doctrine of Judicial Review involves the power of the Judiciary to interpret the law and declare it inconsistent with the constitution void. It serves as a check on the exercise of power by public authorities and ensures constitutional validity.