Re-read the list of Fundamental Rights provided in chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
Re-read the list of Fundamental Rights provided in chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
The Right to
Constitutional Remedies connects to the idea of judicial review in
its capacity of protecting the rights of an individual against the
working of the State legislature or executive. The Right to
Constitutional Remedies allows citizens to move the court if they
think that any of their Fundamental Rights are being violated by the
State administration. Judicial review implies invalidation of
legislative or executive action if it is seen to violate Fundamental
Rights. Hence, the Right to Constitutional Remedies and judicial
review are inter-connected because the latter is practiced when a
Fundamental Right is violated by the State. In this case, a higher
court can repeal the judgments of a lower court based on its own
investigation.
The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive. The Right to Constitutional Remedies allows citizens to move the court if they think that any of their Fundamental Rights are being violated by the State administration. Judicial review implies invalidation of legislative or executive action if it is seen to violate Fundamental Rights. Hence, the Right to Constitutional Remedies and judicial review are inter-connected because the latter is practiced when a Fundamental Right is violated by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
