Though legislature has the power to make laws, this power is not absolute. Judicial Review is the process by which the Judiciary review the validity of laws passed by the legislature. Judicial activism denotes a more active role taken by Judiciary to dispense social justice.
When we speak of Judicial Activism, we point fingers to the invented mechanisms which have no constitutional backing Eg: Suo moto on its own cases, Public Interest Litigations PIL , new doctrines etc. The line between Judicial activism and Judicial Overreach is very narrow.
In simple terms, when Judicial activism crosses its limits and becomes Judicial adventurism it is known as Judicial Overreach. When the judiciary oversteps the powers given to it, it may interfere with the proper functioning of the legislative or executive organs of government. ClearIAS provides online IAS coaching , guidance, strategies, books , online study-materials and mock tests with a vision that no candidate should be left out of UPSC exam competition due to in-accessibility of expensive IAS classroom coaching.
Sir can you make list of reports made by international organizations and all subsidiaries of UNO and their work. Really fruitful…Sir ,only by article 40 can we able mention checks and balance on different institution of Indian democracy…. What is the difference between judicial activism and judicial review?
What is judicial passivism? Why do we need judicial activism? What are the disadvantages of judicial review? What limits judicial power? How can the power of judicial review be limited? Previous Article What should I caption a photo with friends?
Legal scholars consider Marbury v. Madison a central text for understanding the role of the Courts to interpret law in light of the Constitution, known as judicial review. It is the centerpiece of many constitutional law classes. As judicial review was seldom exercised prior to the 20th century, the case was cited exclusively for its discussion of the particular issues of the case for the first century after it was handed down.
Beginning in the early 20th Century, however, the Court began striking down federal laws more frequently. The case of Marbury v. Madison was the first time the U. Supreme Court declared an act of Congress to be unconstitutional. The case concerned a section of the Judiciary Act of The Supreme Court did not declare another act of Congress unconstitutional until it struck down the Missouri Compromise in Dred Scott v. Sanford The power of judicial review was used sparingly for the next several decades.
Beginning in the early 20th Century, however, the Court began striking down federal laws more often than ever before. Since then, as the powers of the national government have expanded and as more and more state laws became subject to federal review as a result of the Fourteenth Amendment and the incorporation of the protections of the Bill of Rights against the states , the Supreme Court has had frequent opportunities to exercise its power of judicial review.
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