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People's Power: The Necessity Of Popular Sovereignty In Judicial Control




Manikantan S Kandathil, LL.M. (Corporate and Financial Law & Policy), Jindal Global Law School, Sonipat, Haryana


ABSTRACT


Popular sovereignty forms a major ideological principle of the value of popular rule. It means that the ultimate political authority is with the people which in turn ensures their active participation in political process. This idea is absolutely vital for the judiciary to retain its legitimacy and to be accountable to the people whom the judicial processes are supposed to protect. This idea allows the public to directly influence the judicial processes and the final decisions. Among the purposes of judges' work is the role their judicial branch to align with the democratic values the more to ensure people have a power to build the foundation for the mechanism against any misuse of power. The paper contends that judiciary without an active participation of the electorate risks losing that touch of the people and the resultant effect will be decline in its performance because it will be disconnected from the electorate that it serves.


Keywords: Popular Sovereignty, Judiciary Accountability, Democratic Participation, Judicial Independence, Public Involvement.

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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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