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VOL. 7, ISSUE 4 (2025)
Comparative analysis of judicial review in India, USA and UK
Authors
Nidhi, Dr. Dev Parbhakar
Abstract
Judicial review is the constitutional
mechanism through which courts ensure that the actions of the legislature and
executive remain within the limits of law. It acts as a safeguard for
fundamental rights, the rule of law, and the separation of powers. This paper
provides a detailed comparative analysis of judicial review in India, the
United States, and the United Kingdom, exploring their origins, evolution,
scope, and constitutional foundations. The American model represents a strong-form,
decentralized system where constitutional supremacy empowers all courts to
strike down unconstitutional acts. The British model, rooted in parliamentary
sovereignty and common law principles, emphasizes legality, fairness, and
proportionality, later enhanced by the Human Rights Act, 1998. India’s
framework, with its written Constitution and expansive remedial powers under
Articles 13, 32, and 226, integrates both rights protection and structural
review, even extending to constitutional amendments under the Basic Structure
Doctrine. The study highlights how each system balances judicial authority with
democratic accountability and identifies shared techniques such as
proportionality, deference, and structured reasoning. It also examines emerging
challenges like judicial overreach, compliance issues, and the impact of
digital governance under statutes like the Digital Personal Data Protection
Act, 2023. Ultimately, the paper concludes that a principled, transparent, and
proportionate judicial review is essential for maintaining constitutional order
while allowing democratic institutions to evolve responsibly in response to
societal and technological change.
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Pages:91-96
How to cite this article:
Nidhi, Dr. Dev Parbhakar "Comparative analysis of judicial review in India, USA and UK". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 91-96
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