Judicial power: From judicial review to judicial overreach
By: Jain, Nilanjana.
Material type:
ArticlePublisher: 2010Description: p.331-342.Subject(s): Judiciary
In:
Indian Journal of Public AdministrationSummary: Judicial review of legislative decisions is a typically American contribution to jurisprudence and has not been accepted in Anglo-Saxon or continental legal theory or practice. Given human nature, leap from judicial review to judicial overreach is but a logical, inevitable and unconscious step in judicial decisions. It has, however, upset many constitutional principles, like separation of power and parliamentary sovereignty, on which our Republic is founded. It has paved the way for governance by the courts and made the judiciary the final arbiter in vital policy decisions and even constitutional amendments. - Reproduced.
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Articles
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Indian Institute of Public Administration | Volume no: 56, Issue no: 2 | Available | AR88107 |
Judicial review of legislative decisions is a typically American contribution to jurisprudence and has not been accepted in Anglo-Saxon or continental legal theory or practice. Given human nature, leap from judicial review to judicial overreach is but a logical, inevitable and unconscious step in judicial decisions. It has, however, upset many constitutional principles, like separation of power and parliamentary sovereignty, on which our Republic is founded. It has paved the way for governance by the courts and made the judiciary the final arbiter in vital policy decisions and even constitutional amendments. - Reproduced.
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