Discuss them meaning of them nature of judicial review? ?

Judicial review is a process by which the courts review the actions of the executive and legislative branches of government to ensure they are in accordance with the constitution. It is a fundamental principle of the rule of law and serves as a check on the power of the government.

The nature of judicial review is rooted in the idea that the judiciary has the authority to interpret and apply the law, including the constitution, to determine the legality of government actions. This power allows the courts to strike down laws or actions that are found to be unconstitutional, thereby protecting individual rights and upholding the principles of democracy.

Judicial review is essential for maintaining the balance of power between the branches of government and ensuring that no one branch becomes too powerful. It also serves as a mechanism for holding the government accountable and preventing abuses of power.

Overall, the nature of judicial review is to uphold the rule of law, protect individual rights, and ensure that the government acts within the limits set by the constitution. It is a crucial aspect of a democratic society and plays a vital role in safeguarding the rights and freedoms of its citizens.

Meaning of Judicial Review

Judicial review is the power of a court to examine the actions of other government branches (legislative and executive) and declare them invalid if they violate the constitution or applicable laws. It is a fundamental principle of democratic societies that allows the judiciary to act as a check and balance on the other branches of government.

Nature of Judicial Review

- Objective: To ensure that government actions comply with the constitution and the rule of law.
- Scope: Judicial review can cover a wide range of government actions, including legislation, regulations, executive orders, and judicial decisions.
- Deference: Courts generally show deference to the actions of other government branches, but this deference is balanced against the need to protect individual rights and the rule of law.
- Consequences: If a court finds that a government action is invalid, it can declare it unconstitutional or illegal, and order the government to take corrective action.
- Judicial Activism vs. Restraint: There are two main approaches to judicial review:

- Judicial Activism: Judges take a more active role in interpreting the constitution and intervening in government actions.
- Judicial Restraint: Judges limit their role to interpreting the constitution narrowly and deferring to the other branches of government.

Importance of Judicial Review

Judicial review is essential for a democracy because it:

- Ensures that government power is not abused.
- Protects individual rights and freedoms.
- Maintains the rule of law.
- Provides a mechanism for resolving legal disputes.
- Promotes accountability and transparency in government.

Examples of Judicial Review

- Supreme Court of the United States: Declared the Patient Protection and Affordable Care Act (Obamacare) constitutional.
- High Court of Australia: Struck down legislation that banned the World Vision from hiring and firing employees based on their religious beliefs.
- Canadian Supreme Court: Ruled that the government's anti-terror legislation violated the Charter of Rights and Freedoms.