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Indian Judiciary Vs. The US Judiciary In Perspective Of Judicial Review




Vaibhav Agrawal, Parul University, Vadodra Gujarat


ABSTRACT


All reasonable people believe that a functioning judiciary is essential for any effective government, which is why every civilized society has one. Courts in these countries are given the authority and responsibility that seem most likely to serve the public interest. Indeed, the significance of the judiciary is now widely acknowledged. In every country where liberty is prized and the law is respected, the people are engaged in a continuous conflict to improve their system. In that effort, the judges have invariably borne the most valuable role. With that in mind, I want to provide an overview of the subject matter as the researcher.

Given the difficulty of conducting a cross-cultural comparison of legal systems, the author has made a concerted effort to examine the matter from five angles: constitutional and judicial makeup; natural justice; judicial review; separation of powers; and, ultimately, the challenges facing both systems.

Despite its flaws, Judicial Review has been crucial in maintaining constitutional government by preserving the proper roles of both the federal government and the individual states. Both of the judicial systems are remarkable in terms of their organization and how each system has dealt with the challenges that have arisen from time to time and developed to meet the ever-evolving requirements of society. The Judiciary has, throughout history, served as the primary custodian of citizen rights.


Keywords: Judicial Review, Constitutional Interpretation, Rule of Low, Procedure Established by Law, Due Process of Law.


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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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