The power of the Judicial Review is considered as the touchstone to test constitutionality of the state action including legislation. It brings life and dynamism to the constitutional system. It brings about constitutional clarity and fulfills any gaps that may arise in the constitution. Judicial review controls the arbitrariness of government and protects civil liberties by maintaining the rule of law. The judicial review is exercised to make state organs and bodies as well as government and public officials disciplined and accountable. It is the foundation of constitutional government. The scope of judicial review can be categorized as judicial review of legislation, judicial review of executive action, and judicial review of judicial action. There are several grounds the judiciary can exercise its power. Compliance with the constitution and protection of civilian rights are the fundamental basis of judicial review. The grounds upon which state organs are subject to control by the judicial review have been classified as illegality, irrationality, and procedural impropriety. Its concern is whether a decision-making authority has exceeded its power, committed an error of law, committed a breach of rules of natural justice, and reached a decision without reasonable ground or by abusing its power. The concept of judicial review is not away from criticism. It is often said that judicial review is intolerably uncertain and amounts to little more than a license for judges to interfere arbitrarily with the machinery of government and administration. The power of judicial review has been criticized for being against democratic legitimacy. The question arises that is justifiable for the court to question the validity of the actions of the elected members of the parliament. This question makes the concept of judicial review as the most controversial feature of the Constitution. But this right is not an authority to make the court higher and more powerful than other organs, but it is a means to establish constitutional supremacy and rule of law.
| Published in | Advances in Sciences and Humanities (Volume 9, Issue 2) |
| DOI | 10.11648/j.ash.20230902.16 |
| Page(s) | 52-57 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Judicial Review, Constitutionalism, Rule of Law, Civil Liberties, Supremacy of Constitution
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APA Style
Shyam Kumar Bhattarai. (2023). Conceptual Framework of Judicial Review with Reference to Nepal. Advances in Sciences and Humanities, 9(2), 52-57. https://doi.org/10.11648/j.ash.20230902.16
ACS Style
Shyam Kumar Bhattarai. Conceptual Framework of Judicial Review with Reference to Nepal. Adv. Sci. Humanit. 2023, 9(2), 52-57. doi: 10.11648/j.ash.20230902.16
AMA Style
Shyam Kumar Bhattarai. Conceptual Framework of Judicial Review with Reference to Nepal. Adv Sci Humanit. 2023;9(2):52-57. doi: 10.11648/j.ash.20230902.16
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Download@article{10.11648/j.ash.20230902.16,
author = {Shyam Kumar Bhattarai},
title = {Conceptual Framework of Judicial Review with Reference to Nepal},
journal = {Advances in Sciences and Humanities},
volume = {9},
number = {2},
pages = {52-57},
doi = {10.11648/j.ash.20230902.16},
url = {https://doi.org/10.11648/j.ash.20230902.16},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20230902.16},
abstract = {The power of the Judicial Review is considered as the touchstone to test constitutionality of the state action including legislation. It brings life and dynamism to the constitutional system. It brings about constitutional clarity and fulfills any gaps that may arise in the constitution. Judicial review controls the arbitrariness of government and protects civil liberties by maintaining the rule of law. The judicial review is exercised to make state organs and bodies as well as government and public officials disciplined and accountable. It is the foundation of constitutional government. The scope of judicial review can be categorized as judicial review of legislation, judicial review of executive action, and judicial review of judicial action. There are several grounds the judiciary can exercise its power. Compliance with the constitution and protection of civilian rights are the fundamental basis of judicial review. The grounds upon which state organs are subject to control by the judicial review have been classified as illegality, irrationality, and procedural impropriety. Its concern is whether a decision-making authority has exceeded its power, committed an error of law, committed a breach of rules of natural justice, and reached a decision without reasonable ground or by abusing its power. The concept of judicial review is not away from criticism. It is often said that judicial review is intolerably uncertain and amounts to little more than a license for judges to interfere arbitrarily with the machinery of government and administration. The power of judicial review has been criticized for being against democratic legitimacy. The question arises that is justifiable for the court to question the validity of the actions of the elected members of the parliament. This question makes the concept of judicial review as the most controversial feature of the Constitution. But this right is not an authority to make the court higher and more powerful than other organs, but it is a means to establish constitutional supremacy and rule of law.},
year = {2023}
}
TY - JOUR T1 - Conceptual Framework of Judicial Review with Reference to Nepal AU - Shyam Kumar Bhattarai Y1 - 2023/05/31 PY - 2023 N1 - https://doi.org/10.11648/j.ash.20230902.16 DO - 10.11648/j.ash.20230902.16 T2 - Advances in Sciences and Humanities JF - Advances in Sciences and Humanities JO - Advances in Sciences and Humanities SP - 52 EP - 57 PB - Science Publishing Group SN - 2472-0984 UR - https://doi.org/10.11648/j.ash.20230902.16 AB - The power of the Judicial Review is considered as the touchstone to test constitutionality of the state action including legislation. It brings life and dynamism to the constitutional system. It brings about constitutional clarity and fulfills any gaps that may arise in the constitution. Judicial review controls the arbitrariness of government and protects civil liberties by maintaining the rule of law. The judicial review is exercised to make state organs and bodies as well as government and public officials disciplined and accountable. It is the foundation of constitutional government. The scope of judicial review can be categorized as judicial review of legislation, judicial review of executive action, and judicial review of judicial action. There are several grounds the judiciary can exercise its power. Compliance with the constitution and protection of civilian rights are the fundamental basis of judicial review. The grounds upon which state organs are subject to control by the judicial review have been classified as illegality, irrationality, and procedural impropriety. Its concern is whether a decision-making authority has exceeded its power, committed an error of law, committed a breach of rules of natural justice, and reached a decision without reasonable ground or by abusing its power. The concept of judicial review is not away from criticism. It is often said that judicial review is intolerably uncertain and amounts to little more than a license for judges to interfere arbitrarily with the machinery of government and administration. The power of judicial review has been criticized for being against democratic legitimacy. The question arises that is justifiable for the court to question the validity of the actions of the elected members of the parliament. This question makes the concept of judicial review as the most controversial feature of the Constitution. But this right is not an authority to make the court higher and more powerful than other organs, but it is a means to establish constitutional supremacy and rule of law. VL - 9 IS - 2 ER -
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