Revisiting Judicial Review: A Functional Analysis
Lord Macmillan once said that every case that goes to the court was an indication of the failure of the draftsman. The legislature passes an arbitrary and archaic law and tries to coerce the people to abide by it. As long as there is a constitution, people can challenge any law which abridges their fundamental right. Judicial review is an implied authority vested in the constitution. This article deals with the importance of judicial review with respect to the current political trends. The model of judicial review is compared to the other constitutions, their duties, and obligations towards solidified laws. This article also deals with the current trend in judicial review in the form of ‘judicial activism’. This article takes us through a nostalgic journey where we shall revisit the concept of judicial review meticulously.
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