INTRODUCTION The essence of Judicial Review is supremacy of law. The court has the power to review the legislative and executive actions and also review the actions of judiciary, it is the power to scrutinize the validity of law or any action as to whether it is intravire or ultravire. It is a concept of Rule of Law. Judicial Review is the check and balance mechanism in order to maintain the separation of powers. Separation of power has rooted the scope of Judicial Review.
It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution. Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov¬ernment. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public
It must be for a proven breach of the established law of the land »6 In addition it exists an act called the Act of Parliament, which requires legal regulators to support the constitutional principle of the rule of law. Lord Hope also said «The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based»7 The rule of law is therefore prevalent in our legal
As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
Secondly It is only the ratio decidendi, which is the legal reasoning behind the decision which is binding. The ratio decidendi of a case is defined as a statement of law that the judge applied to the facts of the case and upon which the decision is based. The other statements of law made by the judge are called Obiter dicta. Only the ration decidendi of the case can be a binding precedent. Obiter dicta may have a persuasive authority.
When a constitutional process (election) resulted to duly elected government, an administrative process begins when that government determined its policies for legislation is necessary for substance. SOURCES OF ADMINISTRATIVE LAW The meaning of the sources of administrative law in this sense implies the origin and place where administrative law could be derived. In this regard therefore we would examine the following sources; i. Case Law: These are pronouncement and decision of judges or cases brought before them. Under the doctrine of judicial precedent, the judge is always concerned to lay down legal principles
These laws are made by government officials. Laws must be obeyed by all. Laws set out standards, procedures and principles that must be followed. Law is the binding rules of conduct meant to enforce justice and prescribe duty or obligation, and derived largely from custom or formal enactment by a ruler or legislature. These laws carry with them the power and authority of the enactor, and associated penalties for failure or refusal to obey.
Stare decisis is Latin for “to stand by things decided.” Stare decisis is the doctrine of judicial precedent. This doctrine is a decision of the court used as a source for future decision making by which precedents are authoritative and binding and must be followed. Hazel Genn (2015) proffers that “the doctrine of judicial precedent is fundamental to the operation of common law, in practice, it means that a judge deciding a case will look for precedent – a decision in an earlier similar case -…” One of the earliest statements on the rationale underpinning this doctrine was made by Parke J in Mirehouse v Rennell (1833) when he stated: "Our common law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedent; and for the sake of attaining uniformity, consistency and certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise; and we are not at liberty to reject them, and to abandon all analogy to them, in those to which they have not been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised."
Legislation, in other words, deals with the body of rules and principles which are used to construct the correct meaning of legislative provisions to be applied in practical situations. The use of these principles/rules is necessary for the following reasons: the written and spoken words are imperfect renderings of human thoughts in the case of legislation, the courts are obliged to use specific rules of interpretation to construe its meaning. . The orthodox text-based
The rule of law: In a democratically sound society, the judiciary will be independent of government due to presence of rule of law. The rule of law demonstrates one of the most challenging concepts of the constitution. The rule of law is a doctrine which is capable of various interpretations by different individuals. According to Campbell, the rule of law will function if the judicial decisions be made by a court should be free of any influence or pressure by the executive and legislative branches of