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.
The Normative and Legal Debate
Introduction: The Problem of Judicial Review
The “Activism” Debate
Democracy, Reason and Neutrality
Judicial Supremacy v. Popular Constitutionalism
The Countermajoritarian Court?
Constructing Judicial Review
Entrenchment and Judicialization
Dialogues and Constraints
Litigation and Impact
Scope of judicial review in matters of policy In Balco Employees Union (Regd.) vs. Union of India and Ors. (2002) 2 SCC 333) it was observed as follows : “34. Applying the analogy, just as the court does not…
Appeal—Interference with discretion—Permissibility—Unless the discretion is exercised on some mistake of fact or mis-apprehension of principle, interference by appellate Court is not called for.
Broadly speaking, administrative action is subject to judicial review on three grounds, namely, (i) illegality (ii) irrationality and (iii) processual impropriety. But this may be true of cases where the public authority has performed its public duty and the action…
It is well-known that the concept of judicial independence in this country owes its origin to the development of this concept in England. In England for centuries that Monarch was the repository of all powers and the courts set up…
Judicial Review - In proceedings and decisions taken in administrative matters, the scope of judicial review is confined to the decision-making process and does not extend to the merits of the decision taken.
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.
Scope of Judicial Review: (i) It is settled legal proposition that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. The only consideration the Court/Tribunal has in its judicial review, is to…
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…
KEYWORDS:- JUDICIAL REVIEW-imposing reasonable restrictions-test of reasonableness Court naturally attaches great weight to the legislative Judgment, it cannot desert its own duty to determine finally the constitutionality of an impugned statute. DATE:- 31-03-1952 AIR 1952 SC 196 : (1952) SCR…
The Tribunals are competent to hear matters where the vires of statutory provisions are questioned. However, in discharging this duty, they cannot act as substitutes for the High Courts and the Supreme Court