USA HISTORY

Detailed explanation-1: -In this phase of Rule of Law, the law without justice can become arbitrary and can be misused. So to keep check and balance on the power of each organ of government we have further adopted Judicial Review. Judicial review is the process by which the court declares any law which goes against the constitution as void.

Detailed explanation-2: -The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v.

Detailed explanation-3: -"An unconstitutional Act is not law, it confers no rights, it imposes no duties, it affords no protection, it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed."

Detailed explanation-4: -In 1973, in Kesavananda Bharti versus Territory of Kerala case, the Supreme Court maintained the legitimacy of the 24th Constitution Amendment Act by reviewing its choice in Golaknath case.

Detailed explanation-5: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.