Essay about Judicial Review : Public Body Exercising A Public Role

1859 Words Oct 17th, 2016 8 Pages
Judicial review allows judges to review the lawfulness of a decision or action by a public body exercising a public role. Judicial review is concerned with how the law is being applied, along with the procedures followed. It is known to be one of the most effective and powerful institutions capable of convincing a public body to review a decision and to a certain extent force them to take different actions. The power granted to judicial courts has allowed emerging controversy on behalf of many public segments since it is perceived as a threat to democracy and the legitimacy of the government and the according constitution. Therefore, questions like what are the reasons that drive governments to intentionally constrain themselves by constitutional means” and “why would democratic majorities restrict their political choices by placing their faith in unelected judges” have brought the spherical platform for debate.

It 's been highly argued that the nature of a judicial review opposes "democracy" and what a democratic system is expected to entail. The arguments against judicial reviews stem from several ideologies that stress on the fundamentality of the involvement of people in the decision making of democratic systems and the essence of the legislative branch to being the sole constitutional power capable of delivering justice and echoing democracy. Moreover, the ideologies are further positioned to attack judicial reviews to being a barrier to human…

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