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VOL. 8, ISSUE 1 (2026)
A comparative analysis of judicial review in India & the U.S.A.
Authors
C S Suraj
Abstract
Judicial Review is an essential feature of constitutional democracy,
enabling courts to examine the constitutionality of legislative and executive
actions. This assignment undertakes a comparative study of Judicial Review in
India and the United States, focusing on its origin, constitutional basis,
scope, nature, and judicial interpretation. While Judicial Review in the United
States emerged as an implied power through judicial precedent, particularly Marbury
v. Madison, India incorporates Judicial Review expressly within its
Constitution through various provisions. The study also examines landmark
judgments that have shaped the doctrine in both jurisdictions and highlights
similarities and differences in judicial philosophy, review of constitutional
amendments, and protection of fundamental rights. Through this comparative
analysis, the assignment explains how Judicial Review functions as a mechanism
to uphold constitutional supremacy, maintain checks and balances, and
strengthen constitutional governance in democratic systems.
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Pages:33-38
How to cite this article:
C S Suraj "A comparative analysis of judicial review in India & the U.S.A.". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 33-38
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