Judicial function is both creation and application of law-Justice Mathew

The judicial function is, like legislation, both creation and application of law. The judicial function is ordinarily determined by the general norms both as to procedure and as to the contents of the norm to he created, whereas legislation is usually determined by the Constitution only in the former respect. But that is a difference in degree only.

Theories of Judicial Review- Bibliography

The Normative and Legal Debate
Introduction: The Problem of Judicial Review
The “Activism” Debate
Democracy, Reason and Neutrality
Fundamental Values
Reinforcing Democracy
Originalism
Judicial Supremacy v. Popular Constitutionalism
The Countermajoritarian Court?
Constructing Judicial Review
Entrenchment and Judicialization
Dialogues and Constraints
Litigation and Impact

Supreme Court of India on Government Policies

It is not for the Courts to examine the relative merits of different policies, and consider whether a wiser or better one can be evolved. Nor are Courts inclined to strike down a policy merely because it is urged that a different policy would have been fairer or wiser or more scientific or more logical.

Judicial review is not an appeal from a decision but a review of the manner in which decision was made.

Over a period of time grounds have been evolved on which judicial review of administrative action is permissible. The administrative decision can be interfered with if it lacks in fairness or is mala fide, it is ultravires, or abuse of…