Judicial Review Of Executive Actions: The Role Of The Judiciary In Reviewing Executive Actions That May Be Unconstitutional, Particularly In Light Of Recent Controversies Surrounding Executive Orders And Actions Taken By Presidents
Dhananjaya C, KLE Law college
Introduction
In democratic societies, the power to make and enforce laws is distributed among the legislative, executive, and judicial branches of government. The judiciary serves a critical role in ensuring that the actions taken by the executive branch do not exceed the limits set by the law and the Constitution. This power of the judiciary to review executive actions for their constitutionality is commonly known as judicial review.
In recent years, there have been many controversies surrounding executive actions taken by presidents in various countries, including the United States. These controversies have raised important questions about the role of the judiciary in reviewing such actions, the limits of executive power, and the proper balance between the branches of government.
This research paper aims to examine the role of the judiciary in reviewing executive actions that may be unconstitutional, particularly in light of recent controversies surrounding executive orders and actions taken by presidents. Through a review of relevant legal and political literature, as well as analysis of selected case studies, this paper will explore the legal and historical basis of judicial review, the different approaches and standards of judicial review, and the challenges and criticisms faced by the judiciary in carrying out its role.
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