Question

Judicial review refers to the power of the judiciary to scrutinise the acts of the legislature and the orders of the executive to determine their constitutional validity.

Elaborate on any two maxims of this power of the judiciary:

Answer 1

The maxims of judicial review are as follows:

1. Constitution Supremacy: The Constitution is the supreme law of the land. The constitution must guide all laws and government acts. If a statute or conduct is determined to violate the constitution, the courts may declare it invalid.
2. Separation of Powers: Judicial review serves to maintain the separation of powers. It ensures that the legislative and executive branches do not exceed their constitutional powers. This system of checks and balances keeps any particular branch from becoming overly dominant.
3. Protection of Fundamental Rights: One of the primary functions of judicial review is to protect people's fundamental rights against violations by the state. It empowers individuals to dispute laws or activities that they believe violate their constitutional rights.