judicial review
Danyal Hasnain
Justice Fazal Karim
Constitutional Law
11th December, 2014.
Assignment # 3
Question 1(a)
Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled, in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law, irrespective of whether it comes from primary or subordinate legislation. Under this power, the judiciary can also question the legitimacy of an action or inaction of a person or body with relation to the exercise of a public function.
Though, the origins of judicial review cannot be attributed to a single event in history, rather it is a result of a historical process and evolutionary development. However, understanding the definition of this concept is quite important. For example, Socrates authored a plethora of dialogues and in one he expounded upon the need for definition by writing ‘one cannot incorrigibly use a term, let alone preach about it, unless it is known what that term refers to”. Henceforth, one needs to define this complex judicial power. Justice Iredell wrote that the power of judicial review “is of delicate and awful nature”1. Judicial power is the power of courts to administer justice in accordance with the law. Even though there is no universal definition of Justice, as it means many things to many a people; though it can be said that it is a single spectrum, which encompasses many colors. Greek philosophers had their own definition of Justice. Socrates said that, ‘Justice is prescribing to one’s defined limits’. Similarly, Aristotle’s idea of justice originated from religion; that each thing or person has its proper sphere to overstep which is unjust. The power of Judicial Review is derived from this idea. Every institution in a state must pertain to its limits, for the purpose of
Justice Fazal Karim
Constitutional Law
11th December, 2014.
Assignment # 3
Question 1(a)
Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled, in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law, irrespective of whether it comes from primary or subordinate legislation. Under this power, the judiciary can also question the legitimacy of an action or inaction of a person or body with relation to the exercise of a public function.
Though, the origins of judicial review cannot be attributed to a single event in history, rather it is a result of a historical process and evolutionary development. However, understanding the definition of this concept is quite important. For example, Socrates authored a plethora of dialogues and in one he expounded upon the need for definition by writing ‘one cannot incorrigibly use a term, let alone preach about it, unless it is known what that term refers to”. Henceforth, one needs to define this complex judicial power. Justice Iredell wrote that the power of judicial review “is of delicate and awful nature”1. Judicial power is the power of courts to administer justice in accordance with the law. Even though there is no universal definition of Justice, as it means many things to many a people; though it can be said that it is a single spectrum, which encompasses many colors. Greek philosophers had their own definition of Justice. Socrates said that, ‘Justice is prescribing to one’s defined limits’. Similarly, Aristotle’s idea of justice originated from religion; that each thing or person has its proper sphere to overstep which is unjust. The power of Judicial Review is derived from this idea. Every institution in a state must pertain to its limits, for the purpose of