Judicial review: a comparative analysis of India and The USA
By: Prasad, Rekha Ranjan
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 21(1S), Jan-Jun, 2024:p.366-378.Subject(s): Judicial review, Rule of law, Severability, Prospective over-ruling, India, USA
In:
Bihar Journal of Public AdministrationSummary: Judicial review has acquired significant place in a democratic country, especially when the executive (elected governments) cross the line of set constitutional principles. At global level, the role of judicial review has been significant in maintaining check and balance, so is in India and USA. The present paper intends to analyse the similarities and differences in the practice and importance of judicial review in these two countries. The study has delved into the historical roots, constitutional provisions and current practices of judicial review in both the countries. By examining the views of various jurists and analysing the relevant provisions of the Indian Constitution and landmark judicial decisions, this study seeks to explore the effects of judicial review in governance. Further, various doctrines applied in judicial review e.g. Doctrine of Severability, Doctrine of Eclipse, Doctrine of Prospective Over-ruling have been examined comparatively.- Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 21(1S), Jan-Jun, 2024:p.366-378 | Available | AR133136 |
Judicial review has acquired significant place in a democratic country, especially when the executive (elected governments) cross the line of set constitutional principles. At global level, the role of judicial review has been significant in maintaining check and balance, so is in India and USA. The present paper intends to analyse the similarities and differences in the practice and importance of judicial review in these two countries. The study has delved into the historical roots, constitutional provisions and current practices of judicial review in both the countries. By examining the views of various jurists and analysing the relevant provisions of the Indian Constitution and landmark judicial decisions, this study seeks to explore the effects of judicial review in governance. Further, various doctrines applied in judicial review e.g. Doctrine of Severability, Doctrine of Eclipse, Doctrine of Prospective Over-ruling have been examined comparatively.- Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
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