Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
Separation of powers and judicial review are integral components of a democracy, providing essential mechanisms to prevent tyranny, protect individual rights, and uphold the rule of law. Discuss.
In an Indian democracy, the concepts of separation of power and judicial review must be understood first. When it comes to the concept of separation of powers it is where the government is divided into 3 particular branches which are as the following: The Legislature The Executive The Judiciary ThisRead more
In an Indian democracy, the concepts of separation of power and judicial review must be understood first. When it comes to the concept of separation of powers it is where the government is divided into 3 particular branches which are as the following:
This separation is done to ensure that the distribution of power is equal amongst the three and is not going to be misused by a particular branch as each has its own functioning and provides uniquely in its own manner to the final outcome.
Judicial review is put up to ensure that the courts when they find a wrongdoing from the side of the government they keep it in check by checking the governments constitutionality and as to how accurately they are abiding by it.
When it comes to the point of preventing tyranny, it is clearly seen that by the division of power amongst the three branches, one cannot outdo the other and thus forcefully it creates a balance of power. And the hold that Judicial Review has over avoidance and prevention of tyranny is that in the presence of the Constitution it ensures that the democratic principle upheld by the country and the law is protected at all times.
With the protection of an individual’s right, the law that is passed by the legislative and the executive must be subject to a judicial review. So this protects the individual from the enforcement of any right which is arbitrary in nature which can affect their life. Hence Judicial review will hold it accountable and strike down unconstitutional laws.
Rule of law is protected when there is compliance within and from the three branches and if required to intervene judicial review can show its power.
See less