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A Comparative Analysis Of Tools Of Judicial Review In India, Israel, The UK And The USA




Mohit Jindal, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune


Chirag Jindal, LL.M. (Constitutional and Administrative Law), Gujarat National Law University, Gandhinagar


ABSTRACT


Judicial review is a vital component of the legal systems in many countries of the world. It is a cornerstone of constitutional democracies. It serves as a mechanism through which courts can scrutinize examine the legality and constitutionality of government actions, ensuring that they adhere to the principles of legality, fairness, and constitutionality.


Although the basic principles of judicial review including rule of law and separation of powers are similar in such countries around the world, the tools and procedures used differ significantly because of the distinct legal systems. By tools, we mean that the principles and doctrines which are applied by the judiciary in determining the validity of legislative acts during the process of judicial review.


This research article aims to examine and compare the application of judicial review in the United Kingdom (UK), United States (USA), India, and Israel. This article explores the tools of judicial review in the India, Israel, the UK and USA, highlighting the key differences and similarities.The article will explore the legal frameworks, historical development, and key cases in each country to provide insights into the similarities and differences in the practice of judicial review.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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