In this article you will learn about the Power of Judicial Review in Political Science.
Power of Judicial Review
Judicial Review is the authority of the courts to examine the arts of the legislature and the executive with a view to determine their constitutional validity. It involves the power to reject all such laws which are held to be against the constitution i.e. which are considered to be violative of the powers granted by the constitution. It is a negative power of the Judiciary in so far as it involves the power to reject as ultra vires the laws of the legislature and executive.
In simple words, we can say the Judicial Review is the power exercised by the courts for maintaining the supremacy of the constitution against any violation by the laws of the legislature and executive. It is a safeguard against any excessive or arbitrary use of power by them. It is the power of the judiciary to question and set aside any decree or statute in the name of higher law.
The power of judicial review is the ability of courts to review and invalidate actions taken by the executive and legislative branches of government. It is a crucial element of a democratic system of government, as it ensures that the actions of government officials are consistent with the rule of law and the Constitution.
Judicial Review : Critical Evaluation
The power of Judicial Review has been severely criticised by the critics, and defended by the supporters.
Points of Criticism
1. The constitution becomes a tool in the hands of the judiciary. Judiciary gets the chance to give meaning to laws passed by the representatives of the people.
2. Judicial Review has unduly enhanced the prestige of the judiciary vis-a-vis the legislature. It behaves like a third chamber of legislature with only a negative power of rejecting the laws.
3. It acts as a source of hindrance in the way of quick and effective decisions on the part of the executive.
4. Judicial Review is also undemocratic in so far as it involves the power of appointed, non-representative, non-responsible judges, to reject the laws made by the representatives of the sovereign people.
5. Judicial Review makes possible the tyranny of a single judge, as the fate of the law is finally determined by a majority vote of the judges constituting a bench, which can be as thin as a single vote majority.
6. Judicial review is a source of delay and inefficiency in administration, as the people often wait for a final verdict of the code before seriously taking up the implementation and use of the laws passed by the legislature.
7. Judicial Review creates complications because of the fact that on several occasions a law is declared ultra vires by the court several years after its enactment by the legislature and enforcement by the executive.
8. Judicial Review is criticised on the ground that it can produce conflicts between the judiciary and the legislature and executive.
9. The system of Judicial Review is a source of conservatism. The judiciary applied the law which is often rigid and conservative.
This article on Power of Judicial Review in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.