Janhavi Hood, Symbiosis Law School, Nagpur
ABSTRACT
The concept or idea of Judicial Review was originated in the USA. And thereafter many countries followed the footsteps of USA and borrowed the concept of Judicial Review from them. India too has borrowed the Judicial Review doctrine from USA. This article presents a comparative analysis of the Judicial Review system of India and USA. The need to study the comparative analysis of both the countries is to gain an insight as to how far USA and India has come through the journey of Judicial Review in these years. The rule of Judicial Review is enjoyed by both the Supreme Courts of USA and India, recognized by the constitution. It discusses how laws are subject to a review by the judiciary by exercising their power of Judicial Review guaranteed to them under respective constitution. The present paper addresses the questions as to what is the need of Judicial Review and whether the Judicial Review is helping both India and USA to bring a positive change in the legal system.
KEYWORDS: Judicial Review, India, USA, Constitution)
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