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Judicial review, Judicial Activism & Public Interest Litigation Video Lecture

FAQs on Judicial review, Judicial Activism & Public Interest Litigation

1. What is judicial review?
Ans. Judicial review is the power of the courts to review and invalidate actions or laws that are deemed unconstitutional. It allows the judiciary to ensure that the actions of the executive and legislative branches of government are in accordance with the constitution.
2. What is judicial activism?
Ans. Judicial activism refers to the tendency of judges to interpret laws and the constitution in a broad and flexible manner, often going beyond the literal meaning of the text. It involves the active participation of the judiciary in shaping public policy and addressing social issues.
3. What is public interest litigation (PIL)?
Ans. Public interest litigation (PIL) is a legal action initiated in the court for the enforcement of public interest or public welfare. It allows any individual or organization to file a petition on behalf of the public or a disadvantaged group, seeking justice or protection of their rights.
4. How does judicial review impact the functioning of government?
Ans. Judicial review acts as a check on the powers of the executive and legislative branches of government. It ensures that their actions are constitutionally valid and prevents the abuse of power. By striking down unconstitutional laws or actions, it helps maintain a balance of power and protects individual rights.
5. What are the advantages and disadvantages of judicial activism?
Ans. The advantages of judicial activism include the promotion of social justice, protection of individual rights, and addressing gaps in legislation. However, it can also lead to judicial overreach, interference with the legislative process, and potential bias in decision-making. The balance between judicial activism and restraint is a subject of ongoing debate.
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