Outline the scope and significance of Judicial Review.

Judicial Review is the process by which courts examine the actions of the executive and legislative branches of government to ensure that they comply with the constitution, laws, and principles of justice. This power plays a vital role in maintaining the rule of law, protecting fundamental rights, and ensuring that no branch of government exceeds its constitutional authority.

Scope of Judicial Review:

1. Constitutional Review: The primary scope of judicial review is to assess whether laws or executive actions conform to the constitution. Courts evaluate whether the actions or laws passed by the legislature align with constitutional principles, such as individual rights, the separation of powers, and federalism.
2. Administrative Actions: Judicial review also extends to the review of administrative decisions, where courts examine whether government agencies have acted within their legal powers. If an agency has exceeded its authority or violated legal or procedural rules, the court can strike down its decision.
3. Judicial Scrutiny of Legislation: Courts can review legislation passed by the legislature to ensure that it is not unconstitutional. In some cases, this means evaluating whether a law infringes upon fundamental rights or conflicts with existing constitutional provisions.
4. Fundamental Rights Protection: Judicial review ensures the protection of individual rights guaranteed by the constitution. If laws or government actions violate these rights, courts have the authority to invalidate them, thus safeguarding personal freedoms.

Significance of Judicial Review:

1. Checks and Balances: Judicial review is a critical mechanism in maintaining the balance of power between the branches of government. It ensures that neither the legislature nor the executive exceeds its authority, thereby preventing potential abuses of power. The judiciary acts as a safeguard against the overreach of governmental institutions.
2. Protection of Rights: Through judicial review, courts play a central role in safeguarding citizens' rights. If a law or action infringes upon constitutional rights, courts can intervene to preserve civil liberties, contributing to a just and fair society.
3. Rule of Law: Judicial review upholds the principle of the rule of law, ensuring that no one, including the government, is above the law. It reinforces the idea that government actions must adhere to legal standards, thus promoting transparency, accountability, and fairness in governance.
4. Promotes Good Governance: By ensuring that laws and actions are legal and constitutionally valid, judicial review fosters good governance. It encourages careful drafting of laws and more responsible decision-making by government officials, ultimately leading to more effective and equitable policies.

In conclusion, judicial review serves as a cornerstone of democratic governance, ensuring that government actions remain within constitutional boundaries and protecting individual rights, thereby contributing to the stability and integrity of the legal system.

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